Tenant refuses to pay rent but will leave in one month - options

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    Tenant refuses to pay rent but will leave in one month - options

    We have a tenant 4-months into a 12-month AST and have lodged the deposit with DPS; all is in order.

    The T advised last month that they could only afford to pay rent for the following two months and would be vacating the property early. Rent for the final period was due today and the T has advised they cannot afford the rent, will not be paying and to take it from the bond.

    While my gut instinct says play it sensibly and let them leave with minimal fuss, then seek any redress once we have the property back; is it legal to write to them (or speak with them directly) and ask/suggest that they vacate the property with immediate effect, or is that considered harassment?

    Quite clearly they seem to think they can use the bond in lieu of rent and stay for a further month, which is not the case.

    Any assistance/guidance from past experience much appreciated.
    When I feel the urge to exercise I lie down until the feeling passes

    #2
    Offer them the opportunity to surrender the property to you on condition they pay the costs of finding a new tenant, do it by a deed of surrender. to avoid accusations of illegal eviction, keep a record of all correspondence.

    It's not worth trying to enforce your contract with them, just try to end things without it costing you too much.
    I offer no guarantee that anything I say is correct. wysiwyg

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      #3
      It seems like they're being very reasonable here - eviction of a stubborn tenant could take 4-6 months. Play it sensible, take the last month's rent from the deposit and thank your gods for having a tenant who isn't up for a battle.

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        #4
        "seems like they're being very reasonable here - eviction of a stubborn tenant could take 4-6 months. Play it sensible, take the last month's rent from the deposit and thank your gods for having a tenant who isn't up for a battle."

        Tendency to agree with the above. If someone can't afford something for whatever reason it makes no sense to ask them to surrender the property on account of 1. reasonableness and 2. like the previous poster states, you set yourself up for an unnecessary battle.

        Regards 1. Many a tenant might wing it for longer or avoid you. This person says, "I'm rooked fella" and you keep the bond - job done. And, you have a month to find another tenant. In short, don't be a bawbag about it.

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          #5
          Originally posted by Mr Glib View Post
          This person says, "I'm rooked fella" and you keep the bond - job done. And, you have a month to find another tenant. In short, don't be a bawbag about it.
          Hmm, so the fact that they are willingly breaching a contract whose terms they were fully aware of when signing it is fine then?

          This is exactly the sort of behaviour that hampers businesses in this country - that people take on more than they can swallow and then simply say "so what, I'll leave it up to you to sort my mess out".

          However, you as the LL can only minimise your losses so let them get out and thereafter (if you want to throw good money after bad) you could claim your losses against them...

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            #6
            Originally posted by Chipie View Post
            Play it sensibly and let them leave with minimal fuss, then seek any redress once we have the property back.
            Good (self) advice.

            But make sure you follow it through for every single penny once they have left. People like this push up rents for decent tenants.

            And don't be a mug next time.

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              #7
              get them to release the full bond to you NOW - can save issues later when they leave and then change their minds or hassle getting bond released to you.

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                #8
                That is interesting and would appear sensible. However would releasing the bond now imply that we are accepting it in lieu of rent and would it have any legal implication regards protecting the bond? Ideally we'd like them to move out earlier than another 4-weeks (they have alluded to moving back to parents), and this may prolong the process?
                When I feel the urge to exercise I lie down until the feeling passes

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                  #9
                  Originally posted by Mr Glib View Post
                  This person says, "I'm rooked fella" and you keep the bond - job done. And, you have a month to find another tenant. In short, don't be a bawbag about it.
                  This person actually says, "I'm laughing at you, the system and all decent people that pay their way. I'm justifying this to myself by pretending to be a freedom fighter against the establishment. In short, I'll keep being a bawbag until someone stops me."

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                    #10
                    Are Ts still in fixed term? Till when?

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                      #11
                      Yes, over 6-months remaining
                      When I feel the urge to exercise I lie down until the feeling passes

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                        #12
                        Further question.

                        T has emailed a 1-month notice. However, as T has defaulted on rent, should I issue a legal notice to them to ensure they do leave?
                        When I feel the urge to exercise I lie down until the feeling passes

                        Comment


                          #13
                          Issuing them a notice allows you to start possession proceedings when it expires, it won't compel them to leave. Until they have 2 months owing you can't issue a notice under the mandatory Ground 8 either so at this point I don't see what you would have to gain except perhaps getting their backs up.

                          I'd leave it if I were you, if they don't leave when they have said they will then wait until they are 2 months in arrears then issue a section 8 under grounds 8,10,11.
                          I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

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