UK Landlord Forum / Life

Looking for advice...
I had a lovely couple for tenants, both with good jobs and always paid the rent on time. One domestic incident later and one tenant refuses to go back to the property and the other one is detained at Her Majesty's Pleasure and I don't know how long for. They are three months into a six month contract and I have two months' rent as deposit. I've offered to end the tenancy immediately and the tenants surrender their deposit as compensation (effectively saving them a months' rent) although this would depend on getting the agreement of the tenant who at present I am unable to contact.

Has anyone got any advice on what I should do if they either don't agree to that or I don't manage to contact both tenants?

Well, you are soon coming to the time when you would have to be deciding whether or not to renew the tenancy. 

You will soon be able to give them notice that you do not wish to renew.  I think that under most normal tenancy agreements it is two months notice from the landlord's side, and you are very likely about a month or so from being able to do it.  Check the small print of your tenancy agreement to make certain what you can do.  Issue the notice as soon as you are able, so that the tenancy ends on the soonest possible date.  I would send the notice to the property if I had nowhere else to send it, as at least one of them is still officially resident there.  Also, check all your paperwork for any likely alternative contact addresses (via guarantors etc.).  Ask your agent to do the same, and then send copies of your notice to these too.  At least that way the message should filter through even if you have no direct contact. 

If they try to refuse to leave then you can sometimes have to get a court order, which is a bit pricey, but lets hope it does not come to that.  Once notice has expired and the tenancy has officially ended, then change the locks immediately.

You are perfectly within your rights to retain the deposit, bearing in mind that your tenants seem to be well in arrears.

Thanks very much, yes I'd read up about serving a Section 21 notice. I do have alternative contact addresses for both tenants. My worry is not being able to contact the one that is currently detained. I guess the worst scenario is I could lose a months' rent and the day after the tenancy ends I can go in an clear any remaining belongings and re-let.

I downloaded the tenancy agreement from this site and it doesn't mention anything about ending the tenancy early.