Reply to: Rent dilemma for a tenant…..

[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

[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

[Alf W]

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

[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.

[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

[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.

[sunnysan]

Dilemma

I was just suggesting possible courses of action : and I actually advised negotiation.

But if you just go in softly softly it can work against you. depends on the tenant.

People should not sign contracts they cannot fulfill. As contractors we ought to know this.

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.

[TheFaQQer]

Continue to charge her rent until you find a replacement, or she finds a suitable replacement. If you need to readvertise / pay other fees, then you could charge those as well.

Negotiate with the tenant - sympathise that they want to leave, but explain gently that they are legally obliged to pay rent for the 12 months. Explain that if you or they can find a suitable replacement, then they won't have to pay any more, but you need the income until there is a new tenant.

Firm but gentle is probably the best way forward.

[Solidec]

Ask her to stay and continue paying whilst you seek for a new tennant and cover all costs involved in setting up new tennancy, including letting fees, legal etc etc.

Sounds fair enough, as you are still doing her a favour you are not obliged to do.

As a tennant myself, I would accept that as a very generous offer considering the 12 month tie in.

[Cyberman]

That's a bit harsh Brillo. The tenant had been honest about needing to save money (possibly job worries?) and you'd ruin their future and go straight to the bankrupcy court for the full rent amount, because they'd been honest with you? If they'd lied and just stopped paying, then yes, but this girl has given reasonable notice. I don't think your average judge would be too sympathetic.

Incidently, forcing the girl to live there when she can't afford it 'could' be detrimental to future rental prospects. You know, nasty smells that you can't locate, furniture and decoration falling into 'disrepair', etc. Keeping it on good terms will mean less stress for you in the long run.

WHS

[expat]

I note that in some countries where it is normal to have long rental contracts without notice, if the tenant wants to leave then they are legally allowed to find a replacement. The landlord might be able to contest the choice of tenant, but perhaps only in a negative sense ("I do not accept this new tenant because...<specify valid reason>") rather than a positive sense ("Send me someone and I'll see if I like them...").

[BrilloPad]

That's a bit harsh Brillo. The tenant had been honest about needing to save money (possibly job worries?) and you'd ruin their future and go straight to the bankrupcy court for the full rent amount, because they'd been honest with you? If they'd lied and just stopped paying, then yes, but this girl has given reasonable notice. I don't think your average judge would be too sympathetic.

Incidently, forcing the girl to live there when she can't afford it 'could' be detrimental to future rental prospects. You know, nasty smells that you can't locate, furniture and decoration falling into 'disrepair', etc. Keeping it on good terms will mean less stress for you in the long run.

I was just suggesting possible courses of action : and I actually advised negotiation.

But if you just go in softly softly it can work against you. depends on the tenant.

People should not sign contracts they cannot fulfill. As contractors we ought to know this.

[SizeZero]

That's a bit harsh Brillo. The tenant had been honest about needing to save money (possibly job worries?) and you'd ruin their future and go straight to the bankrupcy court for the full rent amount, because they'd been honest with you? If they'd lied and just stopped paying, then yes, but this girl has given reasonable notice. I don't think your average judge would be too sympathetic.

Incidently, forcing the girl to live there when she can't afford it 'could' be detrimental to future rental prospects. You know, nasty smells that you can't locate, furniture and decoration falling into 'disrepair', etc. Keeping it on good terms will mean less stress for you in the long run.

[BrilloPad]

What does contract say about notice period? How much security deposit is there?

If there is no notice period then you can get enforced. Go to small claims court? Get a county court judgement? If the amount is enough you can probably start bankrupcy proceedings? but do you really want to go to all that trouble?

[Cyberman]

Does the contract allow a notice period ? If not then that sounds rather unreasonable.