SMF - Just Installed!

Tenant cancelled 2 weeks before moving in

Started by somecallme_tim, October 15, 2015, 08:51:51 PM

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somecallme_tim

Hey guys, newbie here. Tried searching and couldn't find anything applicable so apologies if this has been raised before

Have a guy signed to move in on the 1st Nov. He signed a standard 6 month contract with witnesses and now he wants to cancel. I feel sorry for the fella, he seemed genuine (although don't they all?!) but we now are going to be short as it's likely thay it'll be more than a month before anuone else can move in. Where do I stand legally regarding getting some cash to cover my short fall?
Thanks in advance guys, nice place you have here!

Hippogriff

If an AST is signed the Tenant should be liable for the rent for the term.

If you've chosen to release the Tenant from that obligation, then obviously not. Have you? Has money changed hands?

Pragmatically speaking, your efforts are best focused on finding a new Tenant, but you should not be out of pocket... the Tenant who has bailed should cover the rent until a new Tenant is found and pay for any remarketing costs. A reasonable person would not balk at this. The grey area between a tenancy agreement being signed and occupation occurring - the tenancy actually commencing - could make it more tricky. Has anything been offered?

CaveDweller

I would ask him to cover the rent until a replacement tenant is found.

somecallme_tim

He hasn't offered anything. No money has changed hands yet, that was due this week

Hippogriff

Tough ask then. Always easier to propose a solution that benefits you when you have the money... I suspect you could try and get something from this Tenant, but I also suspect your chances of success are quite low... I'd advise focusing on the next Tenant, put it down to bad luck. Maybe consider a holding deposit next time (I don't myself).

somecallme_tim

Yeah may do that. He's offered a couple hundred to cover til the end of the month, which is better than some would i guess. Thanks for the advice