Rent dilemma for a tenant…..

[backlight]

From my experience if a tenant gives notice while in contract you can collect:

- Rent until such time as a suitable replacement tenant is found or the end of the contract
- Fees for advertising and re-letting

You will have to prove to the court that you have tried to re-let the property at a fair price and have not unduly turned away reasonable tenants. The court will not likely rule in your favour if you have not tried to mitigate the tenants loses.

The best solution is to put the flat up for rent immediately and work with your tenant to find a reasonable solution. If you play hard ball she may walk and you will only have the security deposit to fall back on. Trying to collect excess rent will be time consuming, costly, and may prove impossible if the court does not agree you have tried to mitigate the tenants losses.

[jmo21]

this happened to us with our flat in Dublin.

Got a call on the Monday morning at start of July from the letting agent, saying he'd received the keys back in the post and they'd already moved out - said they could no longer afford it

we obviously kept the deposit, flew over that weekend to assess any damage (none, just typical minor stuff) painted, cleaned up etc and they had someone in by end of July

pain in the arse, but didn't think it was worse the hassle of trying to pursue them for anything, especially since we live back here now

[Platypus]

I know someone who was in a similar situation to this one, and he decided to play hardball. The tenants decided to scarper but not before wrecking the place and causing several thousand pounds worth of damage.

[Alf W]

Can she offer anything else instead of cash in lieu of rent?

[tim123]

I am a renter so I know, if you sign on the line , you do the time. However enforcing the contract is useless if

a) She loses her job and has no money.
b) You only have a small security deposit

This does not even take into account the extra headache.

Get a legal opionion but I woudl contact her, let her know you are "doing her a favour" that if she

a) Finds other tenants(Or pays the agency costs)
b) The new tenants pass reference checks
c) She covers the cost of this out of her deposit

that you will surrender her tenancy. Thsi way you mitigate risk and get her to pay for it. If she wants to leave its a small price for her to pay.

WHS

tim

[tim123]

this happened to us with our flat in Dublin.

Got a call on the Monday morning at start of July from the letting agent, saying he'd received the keys back in the post and they'd already moved out - said they could no longer afford it

we obviously kept the deposit, flew over that weekend to assess any damage (none, just typical minor stuff) painted, cleaned up etc and they had someone in by end of July

pain in the arse, but didn't think it was worse the hassle of trying to pursue them for anything, especially since we live back here now

Similar thing happened to me (except that I was in the same town).

Tenant just walked out and sent the keys back in the post. Hadn't paid that month's rent so the deposit covered that.

But she did leave the place pristine and immediately re-letable.

The next tenant gave notice properly, didn't pay the last month's rent so that he wouldn't lose his deposit and left the place a tip. He hadn't even bothered to take the half dozen black garbage bags that he had accumulated in the kitchen out to the communal dustbins.

I know which tenant I preferred.

(I had already decided to give up at that point, it was too much hassle.)

tim