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Advice in COVID times

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Author Topic: Advice in COVID times  (Read 106 times)
Newbie
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« on: December 31, 2020, 01:41:56 PM »

Hi

I rent my flat out to 2 adults, 1 of whom went back to his home country mid december. The remaining tenant cannot afford the rent on his own and wants me to halve it then he will be happy to stay for a few more months but only on a rolling monthly contract until July when his visa may expire as he is unsure of his current working arrangement.

Can anyone give me advice on what I should do please? With higher restrictions coming into place tomorrow it seems like a bad time to be looking for a new tenant.
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« Reply #1 on: December 31, 2020, 02:46:18 PM »

The rental market - finding a new home etc. - is not expected to be affected by the restrictions. The last time I sought a Tenant - in the first lockdown when things were a little less defined than they are now - I had the most enquiries I'd ever had for a property. Why would you halve the rent? Say "thank you for the opportunity, but no" and at least call his bluff... both Tenants are jointly and severally liable for the whole rent - this is not a grey area. It should be black and white. I'm not suggesting you cut your nose off to spite your face... I'm suggesting you play hardball to start with and then maybe become more pragmatic if you perceive things aren't happening as you'd like... for example, would meeting half-way (he's offering 50%, you want 100%) make him stay? It's willingness to move, a little, on both sides at the end of the day... I don't think I'd be happy accepting 50% of rent for over half a year. You say he's only willing to remain on a rolling contract, what is the agreement today? If the other left at the end of the fixed term (I'm supposing this) then aren't they already rolling?
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« Reply #2 on: January 04, 2021, 02:47:24 PM »

Thanks for replying Hippogriff. The fixed terms ends at the end of this month so there is not a rolling contract and will not be going onto a rolling contract but a 2 month one. I understand its not advisable to enter into a rolling contract for tenancy agreements under 2 years. I have said to my tenant that I cannot afford to reduce the rent 50% as the cost of keeping the flat is more then 50% reduction of the rent. I have reduced a little way and will see what he comes back with. Many thanks Jenny
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« Reply #3 on: January 04, 2021, 04:52:07 PM »

I am not sure what a "2 month contract" is. You cannot stop a monthly rolling contract from arising, by law, at the end of the fixed term, if the Tenant remains in the property. That is a statutory thing you cannot override. I guess if you can finagle your Tenant into agreeing something else, then maybe... but if they understand anything about the PRS they will realise they can simply do nothing (that's not sign a new agreement, not leave) at the end of the fixed term and a monthly rolling contract just magically comes into being... nothing they can do or you can do to stop it (other than end the tenancy - and they'd still be there - or sign a new agreement, as said. I guess the clue is in the name - Statutory Periodic Tenancy.

Where is your understanding from may I ask? Most Landlords here get themselves onto SPT as quickly as possible... the initial fixed term of most agreements would be 6 months and then the Landlord usually wants the Tenant to go SPT... your understanding seems directly opposed to that... and I'm pretty confident I'm correct... so you must be... incorrect? Can you elaborate so we can discuss? That said... I've never even wanted a tenancy agreement for longer than 12 months, certainly not 2 years.
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