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What happens if tenants move out 4 months early (6 month assured shorthold)?

Started by Mac, March 15, 2021, 01:13:57 PM

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Mac

They are buying a house, which will become their main home when the purchase goes through and have said that they are willing to pay for the whole 6 month period, but I am wondering if that can be enforced. The question is relevant, since they haven't signed the agreement or moved in yet and I am not sure how advisable it would be to take them on.

Simon Pambin

Yes, from a purely legal point of view, a landlord is not obliged to mitigate his loss. However, you would have to leave the property empty and not undertake any major works on it for the remainder of the tenancy period. In practice, you're not going to want to do that, so it's best to come to an amicable agreement whereby your tenants will pay until the property is re-let, plus maybe a bit for re-marketing and other admin costs if you can swing it.

Bear in mind also that it could easily be a couple more months before they get the keys their new property and they probably won't have a fixed date at this stage so, if flexibility is useful to them and they're prepared to pay for it, then you should be able to agree something that suits all concerned.

Mac

Thank you for your kind reply. We have discussed ending the contract by mutual agreement, if new tenants can be found before it expires, but I am concerned that the contract would be invalidated when it  ceases to be the tenants' main home.

Simon Pambin

Quote from: Mac on March 15, 2021, 02:02:37 PM
I am concerned that the contract would be invalidated when it  ceases to be the tenants' main home.

Whether it's the tenants' main home shouldn't have any bearing on it*. If you think about it, that would mean any tenant could end their contractual liability at any time, just by moving out.


*Unless you'd shot yourself in the foot by putting some specific wording to that effect in the contract.

Hippogriff

Are they prospective Tenants? Sure sounds like it.

Move on to better prospects... they're only gonna be there six months maximum. Who wants that hassle these days? Aren't we all looking for long-term Tenants?