SMF - Just Installed!

TENTANT BACKED OUT OF AGREEMENT

Started by Charliecats, August 10, 2014, 05:12:09 PM

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Charliecats

Hi there I hope someone can help I have a property that I rent out and needed to find new tenants, I met with a chap who has recently split with his wife and wanted to rent my property out as the beginning of his new life (don't you love a sob story!).  Anyway he signed the contract and was due to send the months rents and deposit to me which he hasn't and then we received an email to say he is got back together with his wife so no longer will be renting the property, he did say he would pay whatever he was obliged to pay along with finding a new tenant. 

I replied to say that legally he is due to pay 6 months rent as that is the contract he signed (he can break contract with a months notice after minimum of 6 months) but we would accept one months rent as settlement but must be paid by the end of the week.  He then said he lost his job so has no money all very odd!  So I sent an invoice to his address that he put on his contract for correspondence, he got in touch and said he would pay but can't until the end of the month as thats when he gets paid from his new job!  I can't see the money coming personally.

I really don't want him to get away with this how can I chase the money???  Legal what is his obligation?

Hippogriff

Are you still trying to let the property?

If so, and you are successful, you can't really have the rent amount twice... the ex-prospective Tenant should compensate you for your losses, but you have a responsibility to mitigate those losses. So... if you let it next week then the ex-prospective Tenant should pay the relevant amount... the ex-prospective Tenant should also be liable for any costs you incur re. re-letting, if any.

If you aren't still trying to let the property and thinking that you'll leave it empty for a month, then you aren't trying to mitigate your losses.

It sucks, but that's the way it is.

You can continue to chase the ex-prospective Tenant but, like you, I don't see the money coming to you easily... some people just have no personal honour. Tho' you might get a nice surprise. He might not be telling porky-pies.

If you decide that you are done being nice with him, then try to be a bit harder - maybe a Letter Before Action or something like that to try and shake him up a bit?

Other than that... concentrate on getting it re-let and if it ends up not being too much hassle... move on, 'cos it's time to groove on. We've all got better things to do than agonise over people who get in our way in life. Be thankful - for them - that they got back together... it's just lovely, ain't it?

boboff

I say... have a heart!

Leave him alone, get on with renting the property out.

Next time make sure the cash arrives at the same time he signs, then no issue.

This is just the first opportunity a tenant can dick you around, they will always find a way to dick you around if you let them.

Annoying though, granted.