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Difficult Tenant Leaving in a few days Help needed

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Author Topic: Difficult Tenant Leaving in a few days Help needed  (Read 154 times)
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« on: June 04, 2021, 02:38:39 PM »

 My tenant has given me notice last month on the 20 May to leave on the 20thJune and his contract finishes on 31 July. Under his contract he is obliged to give notice 2 months in advance. He is not responding to phone calls or emails. He has not paid the current month June. His deposit will not cover the 2 months and there is some damage which will require repairing / decorating and an iron burn in the living room carpet.

I am afraid he intends to leave without paying his rent or leaving a forwarding address. He is a policeman working for the Met and he has given a letting agent my name as a reference. So far I have ignored their messages.

What do you suggest I do? If he leaves without paying I'm sure the Met will not give his new address. If I give a bad reply to the letting agent I'll be putting a fellow landlord at risk. I am at a loss.

He has alleged that my partner and I are prejudiced because he originates from Africa. We regard this as nonsense but it seems fashionable to play the race card these days. I am myself from a Third World Country so I know all about racism. I believe he's just muddying the water to disguise his situation.

Can anyone suggest a way forward?
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« Reply #1 on: June 04, 2021, 04:27:12 PM »

If this is a periodic tenancy then you cannot override statutory notice terms of 1 month with your own.

If this is a fixed term tenancy, then the Tenant cannot leave before the end of the fixed term, with no liability.

If the Tenant has already missed a rent payment, I would think that you are in the perfect position to respond to the Letting Agent with a factual reference. If you wanted to make your Tenant aware you were about to do this (and a negative reference may put their move at risk) you could feel free to do this. Just be careful it doesn't come across like something as distasteful as blackmail. The Police involvement should be irrelevant. The racism, lack of it or presence of it, should be irrelevant. Origins of Tenant and Landlord should be irrelevant.

Facts are what win the day. But you shouldn't - if you genuinely can prove that your Tenant has either broken the terms of the agreement (not ones you've tried to 'add') or hasn't paid rent due - let another Landlord take him on unaware - it is your moral duty to provide that factual reference.
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« Reply #2 on: June 04, 2021, 05:31:03 PM »

Totally agree with above. I have never done this,but have had it done to me. Bad karma.   
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« Reply #3 on: June 06, 2021, 12:16:21 AM »

Hi, Thank you for all your replies, much appreciated.
I am a bit uncertain about the question of the notice of 1 month. Will you kindly explain further what a periodic tenancy?
My tenant is with an AST 1 year contract and it says in the contract that ' the tenant may bring the tenancy to an end at any time before the expiry of the term but not earlier than TWO MONTHS NOTICE IN WRITING ' .The contract ends on 31 July 2021. He gave the notice on the 20 May to end his contract on 20 June. My understanding is that he should have given me his notice to end by 20 July. which should make the 2 calendar months ( which is only 10 days before the end of the contract anyway). I am not really interested that he gave me notice 10 days before he should. I just want him to play fair and pay according to the contract. 
1.Was I wrong in saying "not earlier than 2 months in the contract?  Is there a law on this?
2. Do I have the right to get his June and July payment from the deposit? He has not paid this June rent, hence he is in arrears now. I am sure he will demand for all the deposit back. His secured deposit won't even be enough to pay for the 2 months and the cost to repair/ replace the burned carpet in the lounge, the broken top lid of the toilet and the doors previously damaged by his wife. 
Any comments on how to deal with this difficult tenant will be appreciated .
Many thanks again.
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« Reply #4 on: June 06, 2021, 09:02:43 AM »

CORK and M4R17YN4LC?
Global Moderator
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« Reply #5 on: June 06, 2021, 12:00:02 PM »

You are entitled to be paid until the expiry date of the lease,regardless of when the tenant leaves.It sounds as if you will need to go through the procedure with the deposit scheme,to recover any rent arrears.Any additional sums would be dealt with by a small claims court action,which you can do yourself.If your claim is found to be valid,he could end up with CCJ against his name if he does not pay what you have claimed.I would be very tempted to do this, just to show him that being with the Met does not give him immunity to ignore his duties.
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« Reply #6 on: June 10, 2021, 12:09:08 AM »

Thank you so much for your advise.
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