UK Landlord Forum / Life

Hi

I was wondering if anyone can assist with a query I have.  I have a tenant who's been a tenant for a total of around 6 years now.  Eight months ago she moved into one of my other properties.  She has only yesterday (14th March 2015) contacted me to inform me that she wishes to vacate the property by next Thursday (19th March 2015).  She is currently in a 12 month fixed tenancy agreement which expires in July of this year.  The reason she says she wants to move is due to an 'emergency' where the 'school have advised her that she has to move as her children are constantly arriving late at school, and that she should move house.   I suspect that the real conversation that has transpired between my tenant as parent to her children and the school over a number of weeks and months is that the school may have suggested that she needs to re-assess her accommodation location otherwise they will reasses whether they can allow her children to attend school.  I do however fail to see how this is suddenly an 'emergency', and no prior communication has ever been made to me in relation to this matter by the tenant.

I therefore suspect that the reason on which she relies in order to end the tenancy early is rather weak to say the least, and suspect that the Court would take a dim view of her position were it to proceed that far.  However, the crux of the real issue here is that I am unable to agree early termination with her as she refuses to agree to pay for any expenses reasonably incurred by me in arranging a further set of fee paying tenants.  I submit that it is reasonable for her to do so as it is part of the terms and conditions of the agreement.  She has, rather helpfully suggested a replacement tenant and has given me contact details.  Upon my making enquiries, I have established that the suggested person is in fact 2 family units consisting of 8 people in total, and a severe detachment of what I would call mutually acceptable replacement tenants. 

Providing she does move out as threatened this coming Thursday, what would be my position.  According to the terms she should give to me 4 weeks notice for early surrender providing I am in agreement.  Is my only course of action to pursue her on a money claim for outstanding rent upto the end of July and any additional charges incurred?

Your entitled to one full month notice, she can leave sooner if she chooses but she has to pay for that month.  You have very little chance of getting paid for the full contract period.

Yes, you can pursue for unpaid rent (for the entire duration of the fixed term if you so desire) if no agreement is reached. The substitution of a new / replacement Tenant is a good thing, but that obviously has to be accepted by you and any reasonable reason you can think of for not accepting (your reason seems a good one to me) should be valid... "nice try, but no banana" I would be saying to her, and see whether she can find you a better option. Just because a Tenant has put forward what they consider a reasonable replacement Tenant does not mean you have to agree.

However, while you claim the reason is "weak" you do not claim it is made-up / not genuine... if it is genuine, why not wish her the best and put your efforts into finding the next Tenant? Yes, I absolutely understand it's a total ball-ache and you shouldn't have to do it because someone else has moved-out on a whim... but aren't your efforts best focused there, rather than (forgive me) crying over split milk?

The notice you have been given is, obviously, entirely inappropriate but sometimes when you're dealing with people like this you need to try and understand they have blinkers on - they're completely self-interested, selfish and just don't care about anyone else, it would be doubtful whether you would get her to see 'sense' if the situation is as you describe. I would just ensure she gets an honest reference and if you want to pursue her for rent for a reasonable period maybe start a claim and - assuming there is no defence and she does not pay - try to give her a CCJ present in due course. I doubt you'd really want to attempt a claim up until July because I am sure you will put effort into finding a new Tenant between now and then... and maybe even be successful at a higher rent.

I'd, personally, not want to take this through the Court system... I'd move on, and try to groove on...

I may also read up on OFT356 for some further thoughts (although there's not much teeth here) and sections like 4.12 - "Occasionally a landlord seeks a guarantee from a tenant who wishes to leave before the end of the tenancy, and who has proposed a suitable replacement to the landlord. A requirement to give such a guarantee 'on assignment' may be acceptable, provided the guarantee is not excessive." and 4.22 and 4.23 - "Our concerns arise only where contract terms allow landlords to refuse to accept the early surrender of fixed term agreements and insist that tenants pay rent for the whole of the period of the tenancy. If tenants need to leave, it is not fair for them to be bound to pay rent if another suitable person is willing and able to do so." and even 4.24 - "The law says that where the contract provides that the landlord's consent is required before a tenant is allowed to 'assign' or sublet a fixed term tenancy, the landlord may not withhold consent unreasonably. In other words, if the tenant wants to move before the end of the fixed term, and can find someone else to pay the rent for the rest of the term, then the landlord can object if the person involved is unsuitable, but cannot block the transaction without good reason."

Good luck.

Any "reasonable reason" I wrote... is that even proper English?

Many thanks for the replies you have provided, and so swiftly.  I accept that I am perhaps dealing with the kind of individuals that do think it is appropriate to suggest unsuitable replacement tenants and to give an unacceptable notice, and having been in the rental business as a side line for a number of years I am totally at my wits end with such behaviour.  The situation is made worse by the fact that I have known the tenant for over six years and who has always paid on time.  To say that she has signed a new contract, paid a deposit on another house and has got the keys and moving in on Thursday all last minute to be strikes me as highly unconscionable!  I will perhaps too take much comfort from the fact that Santa this year may well bring her a nicely wrapped CCJ!  I will of course put effort to providing for replacement tenants and have in fact instigated this process already, as I want to avoid any 'void periods', and if if it goes to Court I can demonstrate that I have made all attempts to mitigate my losses.

All I would add is if you did take her through Money Claim Online the fees for doing so are relatively low and you will have a judgment that lasts for at least six years.

That is a long time and we usually find that people's circumstances change requiring them to settle something like this.

Of course you may need to trace her first and if so I would leave that for 3-6 months until she pops up on the radar. I am happy to do a trace for free for a fellow forum member.

Further, if she has a car please make a not of the make, model and registration as this may assist enforcement at a later stage.

I know I wouldn't want to enforce a tenant to stay, even if the contract allowed me to do so. Just move on, find someone else, and part on good terms,
I'm no expert and probably not qualified to put my pennies worth. To be honest, the reason I've commented is let moderators know that I'm still present, not a one post wonder, and am very happy I found this forum. Saying that, IMPEX8, just think about the poor souls who have sitting tenants, tenants who don't pay, and out and out criminals. Just let it go.

You've had 6 years rent from these T's.  I think you need to cut a little slack.  I'm not advocating allowing them to leave with 4 days notice though, there's got to be reasonableness from both sides.

Quote from: Riptide on March 16, 2015, 11:08:36 PMYou've had 6 years rent from these T's.  I think you need to cut a little slack.

Yes, this. Move on, 'cos it's time to groove on...

Be interesting to know how things are going with the OP this week.

I would strongly suggest you read

http://www.propertyinvestmentproject.co.uk/blog/your-tenant-wants-leave-early/

Quote from: RickC on March 24, 2015, 12:35:11 AM
I would strongly suggest you read

http://www.propertyinvestmentproject.co.uk/blog/your-tenant-wants-leave-early/

That has my favorite blog line in it " It's like trapping a dog in the corner, it will either piss on your carpets or chew your nuts off"