UK Landlord Forum / Life

Hi,
      I had perspective tenants come and view my house. They said they liked it but wanted to know if I could put a washing machine and a fridge in. I said no and they left saying they'd think about it. The couple then viewed the house a second time and asked if I would be prepared to recarpet upstairs - the downstairs is newly carpeted. I said no. On third visit they asked if I would paint the interior, professionally clean the oven and upstairs carpets  again no. The house was cleaned by a company my agent got in and as far as i was concerned it was fine. The house was a new build 7 years ago and still in good nick.

They agreed to rent the property and we signed a contract on Christmas Eve for the term of 12 months. They did not want to move in until Jan 15 to honour the notice on their currant property but paid a months deposit and a months rent upfront. They asked if they could have the keys early so that they could lean the property to their own satisfaction. As a goodwill gesture I agreed.

On Dec 27 they asked me to the property to discuss the property . When I arrived they said if I didn't get the carpets replaced or cleaned, they didn't want the house. I told them, as I had told them in the past that I wouldn't be doing that. They said in that case hey didn't want the property , handed me one set of keys, they still have another set, and left.

My question is, am I entitled to keep the money, or at least some of the money they have paid, due to me taking the property off the market meaning a potential loss of earnings. Plus they are in breach of contract. Do I have a case?

Was the contract dated when it was signed?

Yes it was

If they signed a 12 month contract I would assume that they are liable for the full 12 months regardless.  The only sticking point is the contract signed date and the moving in date.  Are you a member of one of the associations?  They'd be ideal to ask.  If you're entitled to the 12 months, maybe do a deal with the tennants where you just keep 1 months rent, my thinking is that if you go after the 12 months they'll just end up staying instead and they sound like they'd be painful tenants for the next year.

That's sound advice. If your lucks in then you might even get someone else in, and double bubble!

Quote from: Riptide on January 01, 2014, 05:51:43 PM
If they signed a 12 month contract I would assume that they are liable for the full 12 months regardless.

I doubt this would happen. I've recently been reading the OFT356 document in more detail and they clearly do not look positively on Tenants being liable for the full term of rent if they leave before the term (the reasons behind this might have an impact, though). If it was attempted, then it opens itself up to challenge, but the more likely outcome (as you say) is that they would stay - unhappily and with resentment - probably not good.

Quote from: OFT, section 3.58For instance, we would object to a term requiring payment of the full rent for the whole period of the tenancy where the tenant ends the tenancy early.