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Six Month Break Clause

Started by Elena5, October 13, 2014, 06:22:43 PM

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Elena5

Hello, I am a new time landlord and my first tenant moved in at 3 months ago, he sent me a text on 6 October to let me know that he wants to move out in one month as he has a new job in a different area. He has signed a 12 month tenancy agreement with a 6 month Break clause so should really pay until January 2015. However I said that as a gesture of good will I would accept 2 months notice from 6 October so he could leave on or before 6 December (and had to pay rent until then) if he agreed to pay my advertising and agency fees of £189 + VAT as I have agreed to lose a months rent from him. I have also offered to do the 'notice to vacate' letter for him to sign. I do not feel that my request is unreasonable but he is saying that he cannot afford the £189 as he has 'a lot of financial commitments' now that he is moving! Should I pursue this or let him off, he has really left me in the lurch just before christmas when it will be difficult to find new tenants and with an additional cost of finding new tenants that I was not expecting so soon. Would it be an option to take the agency fees to re-advertise out of his holding deposit?

propertyfag

Hey Elena,

I don't think your request is totally unreasonable either. Since he is breaking the terms of the tenancy, you could use his deposit to cover your costs. What does the £189 fee cover, just finding new tenants?

I would start marketing soon because it is so close to Christmas, but I don't think it's THAT close where everyone would be entirely scared away!

propertyfag

Just having further thoughts, it might be easier (and cheaper) to try and find tenants immediately, with the move in date being anything after the 6th November. And then allow your tenant pay the extra days e.g. if the new tenants move in on the 20th November, your tenant only has to pay 14 days. It might work out better for both of you, especially since a November move in date will be much more appealing. On this basis, he will pay less rent, and should be able to cover the £189.

From what I can see, making him commit to 2 months might do you more harm than good, and seems more like a decision based on spite/compromise, as opposed to practicality.

Elena5

Thanks for the advice, will sleep on it  :)