Tenant requests to leave contract early and leaves furniture should they pay rent ect

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Tenant requests to leave contract early and leaves furniture should they pay rent ect

    Hi, my tenant signed a 9 month contract, then exactly 3 month into the tenancy requested to leave at the 6 month point (due to a relationship breakdown). We were not too happy as the suggested leaving date was right on top of Xmas period and would mean trying to find a new tenant a few days before Xmas. So reluctantly agreed (as she had given 3 months notice, via a brief e-mail,) but informed tenant that it would be an awkward time near Xmas and if we were not able to secure tenant for this time they may need to continue paying rent over Xmas. The tenants ex-partner would be moving the rest of furniture, but was very slow in replying to my texts, did not move the furniture on the date and did not return the keys.

    A few days after the leave date this second tenant asked to move back in/start new tenancy with a friend instead (this was Xmas Eve). They already had belongings there, so I informed them it would be OK, but stressed the need to settle up with arrears before I could return the original deposit (minus any deductions) to the other person. It was also not entirely easy to asses the condition with furniture in the property and there were some items the tenant was supposed to address before leaving.

    Anyway it took this person 3 weeks to get all the necessary paperwork together (Im still waiting for a document, his friend was much quicker). Although a new deposit was paid on time and the rent before they physically moved in, Im still waiting for the rent arrears.

    Now he states he did not agree to pay the missing rent of 3 weeks, (and is claiming abandonment as an excuse). The tenant keep some of his belongings there while sorting out his paperwork (the original tenancy was in the other persons name). This left our property un-rentable to anyone else over the xmas period.

    Garden gate keys were also not returned, which meant I could not let in a fencing company to replace the fence which had blown down before Xmas.

    Any advice would be appreciated..... I have assessed the property as best I can and haven't returned any of the deposit yet as I am unclear how to resolve this.

    #2
    Where did you keep the original deposit?
    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

    Comment


      #3
      The DPS....

      Comment


        #4
        and what about 2nd most recent deposit?
        Please complete & paste http://www.landlordzone.co.uk/forums...ll-new-posters separate one for each TA.

        Comment


          #5
          Originally posted by mikkialford View Post
          Any advice would be appreciated.
          Stop agreeing to things that cut corners.

          You don't seem to have ended the first tenancy cleanly.
          The tenant from that lease owes you the rent arrears, the new "tenant" wasn't your tenant then and doesn't owe you anything.
          Unless there was a separate agreement, and, if there had been, the new tenant could hardly dispute what they owe.
          If you expect the new tenant to pay the arrears, you can't chase the original tenant.

          The new tenancy is also a mess, if two new people have paid you rent, they have some kind of tenancy and lots of rights, but you're still waiting for paperwork.
          What tenancy agreement is in place between you and the tenants?

          If there is a new tenancy, the previous tenant's belongings are the new tenant's problem.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Thanks for your advice. Yes it is a little complicated. The new tenant is the ex boyfriend of original tenant. They lived together in the property, but was rented in girlfriends name he was placed as a guest of hers on the contract.. It was mainly the new tenants (boyfriends) belonging which were left during the 3 weeks. He had agreed to take the burden of any rent arrears till he either moved his stuff or started a new agreement with us. He asked not implement his ex in his slow removal and delayed actions.

            The missing paperwork is an employers reference as he changed jobs over xmas, (the original employer refuses to provide a reference for him as he left the job 2 days before the reference was requested.) I had contacted the employer asking for a reference within hours of the tenant providing details of his employer. Can an employer refuse a reference under these grounds? (employee has just left the job??), So at the moment waiting for reference from new employer and looking into whether the original employer should be providing a reference?

            I do have guarantors for the two new tenants.

            So I assume then I am entitled (if he refuses to settle up on her behalf), to just deduct the rent for the 3 weeks from the original deposit his girlfriend provided and let them sort it out between them. The original tenant and ex have requested to split any deductions of the deposit for repairs, loss of value ect. If the rent and any deductions exceed the deposit amount, do I chase the original tenant for this or request them both to pay their share. The new tenant requested to pay his share of deposit deductions out of his own pocket, (rather than her deposit), but as I am experiencing problems with him paying the rent arrears it may be better to take it all from deposit and then request any remainder from them both?

            Comment


              #7
              Its an Assured Shorthold Tenancy agreement for 6 month.

              Comment


                #8
                The new deposit hasn't been filed/deposited yet with the DPS.

                Comment


                  #9
                  No employer has to provide a reference, and there's nothing odd about their refusal.

                  The previous tenant actually owes the rent, but the boyfriend isn't entitled to any of the deposit either.

                  I would not be renting the property to the ex-boyfriend at this point, personally.

                  You are obliged to protect the new deposit within 30 days of receipt (and there are a number of other things you must do).
                  This is why doing things in a rush and cutting corners is always a bad idea.
                  Last edited by jpkeates; 22-01-2016, 12:00 PM. Reason: Deposit text.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    On the advice of Mariner (senior member) I have answered these questions to aid members responses to me.

                    with ref to original Tenancy:

                    [BQ1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England

                    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? Sole Tenant

                    Q3 – What date did current TA start dd/mm/yy? 18 June 2015

                    Q4 – How long was initial fixed term (6/12/24 months / other)? 9 months

                    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)? Tenant offered 9 months rent upfront and only paid 6 months up front in the end,advising rest would follow. so rent was due 18th December 2015.

                    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)? Yes

                    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy). The only notice to quit was one line of an email dated 14th September 2015 ' I wont be able to keep the flat after the end of the 6 months. I really love the flat and that makes me really sad to not be able to honor our contract;.

                    Q8 – Does the landlord live in the same property as the tenant? No

                    with ref to Newl Tenancy:

                    [BQ1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England

                    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? [Joint Tenants (2 people)[/B]

                    Q3 – What date did current TA start dd/mm/yy? 10 January 2016

                    Q4 – How long was initial fixed term (6/12/24 months / other)? 6 months

                    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)? [BMonthly, so rent is due 10th of each month.[/B]

                    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)? Yes

                    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).

                    Q8 – Does the landlord live in the same property as the tenant? No
                    [/B]

                    Comment

                    Latest Activity

                    Collapse

                    • Reply to Ending contracts
                      by ash72
                      You should be able to leave the contract, if there isn't anyone living there and you don't want them to find another T, then they don't make any money. But read any contract you signed.

                      You should read the comments in this forum about renting to friends and family - just don't do it.
                      21-05-2022, 14:57 PM
                    • Ending contracts
                      by Pineapple288
                      2 questions. I rent my BTL property through a letting agent. The current tenant has handed notice in. Am I right in saying I can now leave this letting agent?

                      Second question, the.reason I'm leaving the agent is because a very good friend of mine would like to rent he property. If she wants...
                      21-05-2022, 11:59 AM
                    • Reply to Noise from rented property
                      by DPT57
                      Interesting, but it sounds like the university is definitely exceeding its authority and a clued up student could easily challenge any sanction they tried to impose.
                      21-05-2022, 14:47 PM
                    • Noise from rented property
                      by zcacogp
                      Hi,

                      I have a question to which I suspect I know the answer, but I'll ask it anyway.

                      We live in a house whose garden backs onto other gardens. One of those houses is let to a group of students.

                      The students are given to making noise in their garden, particularly...
                      18-05-2022, 11:36 AM
                    • Reply to Ending contracts
                      by DoricPixie
                      As Artful says, you'll need to read your contract with the letting agency to see how and when the contract can be terminated.




                      It seems more likely that your friend signed a new 12 month fixed term contract in January than the the tenancy agreement having an abnormally...
                      21-05-2022, 14:02 PM
                    • Reply to None UK Wife Joining Tenant on a Period Agreement
                      by Mldn
                      To conclude with an update:
                      Landlords in this position strongly advised to speak to Home Office Landlord Visa section in the first instance. You many experience a 'to-ing and fro-ing' between that section and the Landlords 'Right to Rent' section. See what they both say. They should both be advising...
                      21-05-2022, 13:58 PM
                    • None UK Wife Joining Tenant on a Period Agreement
                      by Mldn
                      My tenant has been on a periodic agreement since September 2016. He has been a good tenant. His partner who was with him when he first rented left the property and was not replaced.
                      He is now on a periodic agreement. I have not raised the rent since September 2016.

                      He has explained...
                      06-05-2022, 12:34 PM
                    • Reply to Whatever happened to the tidal wave of evictions?
                      by SouthernDave
                      mr Khan is a moron...
                      21-05-2022, 13:53 PM
                    • Whatever happened to the tidal wave of evictions?
                      by jpkeates
                      The latest government figures for possession claims have been published, which cover January through March 2022.
                      That's post Covid restrictions and would probably include most of the last of the Covid backlog.

                      And there's no sign of the massive wave of evictions and resulting mass...
                      19-05-2022, 10:46 AM
                    • Reply to Section 21 During Contract Period
                      by DPT57
                      I think there's some date confusion above. If your 6 month fixed term tenancy began on 9 December, then it ends on 8 June. If you leave by midnight on that day then there will be no penalty or advance notice required. If you stay beyond this time a statutory periodic tenancy will arise. S5(5) of the...
                      21-05-2022, 13:34 PM
                    Working...
                    X