flyers291270@hotmail.com Posted November 26, 2006 Report Share Posted November 26, 2006 I would like to rent my house out for 1 year. I want a "fixed" term arrangement whereby I would not be able to serve notice of repossession during that period and similarly if the tenant decided to vacate during the term, would be liable for all costs during that period (rent/bills/c.tax etc.). What agreement would be suitable for me? I have looked at the wording on a few but can't seem to see a clear clause that states the tenants responsibility to pay the costs throughout the term if he leaves. Any help would be welcome as I'ma first-timer! Thanks! Link to comment Share on other sites More sharing options...
GPEL Posted November 27, 2006 Report Share Posted November 27, 2006 A standard tenancy agreement is OK. Your concerns are addressed by case, common and contract law. If tenant wishes to leave during the fixed period they are liable for the rent and other costs up to the end of the fixed period. However, you would also have a responsibility to mitigate those expenses by trying to find a replacement soonest. Link to comment Share on other sites More sharing options...
Trenners Posted November 27, 2006 Report Share Posted November 27, 2006 Hi flyersxxxxx, I think you need to be pragmatic about this. You can ask your tenant to sign a 12 month tenancy agreement and, all things being equal, your tenant will pay the rent, look after your property and stay the full 12 month term. However, in life, peoples circumstances change and your tenant might ask - during the 12 month agreement - to be released early and you need to decide how to deal with this situation should it arise. The "legal beagles" on the forum will advise you to take the tenant to court if they refuse to pay the rent for the remainder of the 12 month period. Although this is legally correct - it is hardly pragmatic. Another approach, as mentioned by GPEL, is to tell the tenant that you will let them out of the agreement early as long as they continue to pay the rent and cover your costs to find a new tenant to replace them. Most tenants will agree to this condition- but very few are going to hand over any more money at that point -because they are trying to cut their losses and end the agreement early without paying you all the rent. The pragmatic answer to your question is that if the tenant wants to terminate the agreement early then the most money you are likely to achieve (in compensation) without a court hearing is the tenants security deposit. ie: You withhold the deposit to cover the lost rent and costs of finding a new tenant. If you do withhold the deposit then you need to be fair. If you manage to quickly replace the tenant with someone else then you should refund the balance of the deposit remaining (after you have been compensated for any lost rent). In summary, withhold the deposit - don't bother going legal - and get focus on getting yourself another tenant quickly. Good Luck, Mark Link to comment Share on other sites More sharing options...
Lily Posted November 29, 2006 Report Share Posted November 29, 2006 Which area do you live in? I would like to rent my house out for 1 year. I want a "fixed" term arrangement whereby I would not be able to serve notice of repossession during that period and similarly if the tenant decided to vacate during the term, would be liable for all costs during that period (rent/bills/c.tax etc.). What agreement would be suitable for me? I have looked at the wording on a few but can't seem to see a clear clause that states the tenants responsibility to pay the costs throughout the term if he leaves. Any help would be welcome as I'ma first-timer! Thanks! what area are you in? Link to comment Share on other sites More sharing options...
flyers291270@hotmail.com Posted December 2, 2006 Author Report Share Posted December 2, 2006 Many thanks for your reply GPEL-this is very helpful! flyers291270 Hi Mark (Trenners) Many thanks for your response. This gives me a better view on how to manage things going forward should they go wrong and I feel more confident about going ahead with this now. I'm printing yours off to go in my file for guidance!! Best, Paul Which area do you live in? what area are you in? Bedfordshire Link to comment Share on other sites More sharing options...
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