Page 1 of Tenant wants to leave contract early - What can I expect and how do I proceed if they just walk...

I really can`t be *rsed with this just before Xmas but the Tenant in my house has told me that she`s bought a new place and wants to leave early! When she first phoned me about this at the start of November I said this would be fine for her to leave early providing I had another tenant in the place to cover the remaining part of her agreement.

She said she would pay for any credit checks and chase up references of possible would be tenants. She also said it was a waste of money going through an agency so she`d just put up a sign in the window with her mobile on! I was at the time, and still am, sceptical about this as I`d much rather pay the 50% monthly rate to the Agency and have them do all the official checks rather than this woman do a half hearted job at getting someone in so she can just leave!

Anyway, she text me last Sunday telling me she was vacating the property on December 31st which to me implies that she`s just severing all ties with the place even though there`s 4 months left on the agreement. I need to phone her this evening to clarify this but as a worst case scenario, and she does stop paying, what can I do?

When she signed the tenancy agreement the agency put her ex (still husband) down as her guarantor.

What really annoys me is that I`ve planned my life on the fact that my house will have a tenant until the end of April so I`ve based all my financial decisions on this! I have a tenancy agreement until the end of March as I`m now working back in my home town and I expect to honour this. She goes off and buys a house and just expects to walk away with no consequences! Aaaaaagh! Really annoys me this. Stupid c*w has been nothing but hassle from day 1!

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Any advice would be much welcome!

Cheers

Ross

This item was edited on Monday, 27th November 2006, 18:32

I believe that she has to pay you the rent whether she moves out or not as she has signed the contract.

I believe (as it happened to someone I know) that you were in your rights to say she could leave early under the proviso that someone else is in place before she leaves to take on the remainder of her contract. I also believe that she is liable to cover costsof teh agency for running credit checks and reference checks.

Basically, if she has signed a contract she has to pay unless you reach some form of an agreement between you. THe "ive gone and bought a house" is no excuse and no get out clause. She shoudl have considered whether she could cover cost of rent and mortgage before buying the house - she certainly should have told you she was considering the purchase and what would be the consequences for the rent before she went ahead

I would also suggest you are right to be wary of her organising it all seeing as it is YOUR investment at stake and she is just going to be interested in saving her money no matter what the cost to you is.

Summarised :

1) she pays the rent til end of contract unless someone else takes over lease (as you offered her - that is on your part being helpful and understanding and so she cant say you are being unreasonable, I think are in your rights to tell her tough luck and to pay / see out her contract)

2) Get the checks done professionally and tell her she can pay (out of her deposit??) as it is your investment and not hers

3) Its her fault and not yours. Protect yourself, within the law obviously, even if it means playing the perceived "bad guy landlord"

Chris

A.C.C. Member
LFC
YNWA

This item was edited on Monday, 27th November 2006, 11:16

When we rented we were also looking for a house. We found one and bought it as we were told that `if you give us a months notice then you can end your contract early`.

Anyway, verbal contract ends up not being worth the paper its written on and the letting agents insist that we have to pay the final four months rent, rain or shine and if we default, our debt will go to a collection agency and we will be taken to the small claims court.

So we worked out a similar deal with the letting agency, that we could only leave early if we could get someone in. They did all the legwork, to be fair, but we ended up having to get our flat like a freaking showhome, while we were in the process of trying to pack to move out. In the end someone took the flat, much to our relief.

I dont know if they were trying to s*** us up or anything, but they are one of the biggest letting agents in oxford. So, yeah, I think if you have a contract with her, take her for everything you can get.

you were in your rights to say she could leave early under the proviso that someone else is in place before she leaves to take on the remainder of her contract.

Someone who YOU decide you want. If she goes in December how can you guarantee she will pay, did you have 6 months up front? If not it will be a hastle & next time make them pay 6 months up front if you can.

Todays The Day. Tomorrow can wait...

Quote:
Someone who YOU decide you want. If she goes in December how can you guarantee she will pay, did you have 6 months up front? If not it will be a hastle & next time make them pay 6 months up front if you can

1) yes someone YOU want

2) 6 months up front? are you taking the p*** paull?? christ agency standard is one month upfront as a deposit (occasionally 2 months). Who the feck is going to be able to find the best part of say a £1,800 - £2,400 deposit? (ie 6 months at £300 - £400 a month).
Oh and the guarantee to pay is the contract she signed. One way or another the OP would be due his money - either from her or the guarantor



Chris

A.C.C. Member
LFC
YNWA

6 months up front? Get real.

I rented 2 years ago & the ONLY way was 6 months up front. We have to pay 6 months sooner or later so it didn`t bother us. As for get real, I will throw that back in your face as it is NOT uncommon.

Todays The Day. Tomorrow can wait...

I have been renting a lot longer than 2 years ago, and have never been asked for 6 months in advance and never met anyone who has. Still, if your mug enough to pay it, then so be it. After all, 1 month in when a problem occurs, I am sure your landlord would have every incentive to fix things in a speedy and hassle free manner, seeing as they already have your money.

Have rented various places and never paid more than a month up front.

Dr 42%er


It`s not easy being different. It`s not easy being cool....but somehow I manage....

This item was edited on Monday, 27th November 2006, 13:20

Deosn`t it all depend on the type of tennancy? When I was renting it was always "assured short hold". Basically 6 month would have to be paid (although we paid monthly in adavnce), and couldn`t be asked to leave in that period. After that it was one months notice either way.

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