celtic boy Posted September 22, 2007 Report Share Posted September 22, 2007 Hi all My tennants are currently 3 months into their tennancy but they now wish to vacate and have given me one months verbal notice. (I only arranged to pick up my post and they sprung this on me!!) Firstly can they just give me one months notice or do they have to fulfil their 6 month contract? Do I have the right to make them stay until the contract expires the normal way i.e. 1 months notice prior to the end date? What would you reccomend? Also when I called round they was a smell of smoke and I had stipulated that they were not to smoke - what can I do an the end of tennancy about this? If they say they still want out in a month time can I keep the bond (although this is with DPS)? But if there is damage we may have a problem! Help! Link to comment Share on other sites More sharing options...
heebs Posted September 23, 2007 Report Share Posted September 23, 2007 Ohhh...i am really sorry to hear this and sick to death of tenants flaunting contracts..it makes me wonder why they bother signing them. I am not a hugely experienced LL..but it seems you are not too worse off even if they leave in month 4 as you hopefully took atleast one months advance rent (will cover month 5)..and deposit would hopefully cover the remaining term if they didnt leave too much damage. If you have a 12 month contract then things could have been alot worse.. ooh..these tenants really make my blood boil hope it works out and you will have a clear 2 months of an empty property to do as you please ...so a silver lining maybe. chin up// Link to comment Share on other sites More sharing options...
Trenners Posted September 23, 2007 Report Share Posted September 23, 2007 Hi Celtic Boy, Legally the tenants are responsible for paying the rent until the end of the tenancy term but I think you need to take a pragmatic approach in these situations. If the tenants don't want to rent from you anymore then it is wise to quickly find another set of tenants that do want to rent from you instead. You should start to re-market the availability of your property immediately. Tell the old tenants that you will release them from the tenancy agreement as soon as you have found new tenants to replace them. Any costs (eg fair advertising costs) incurred will be charged to the tenants at the end of the tenancy. Write to them and get them to sign to confirm all of this so that you are in a position to make a claim for your costs from the DPS when the deposit is released. It will be interesting to see what the DPS say about this situation (assuming you are unable to find new tenants prior to the previous tenants leaving). Will the DPS allow the bond to be withheld by the landlord to cover lost rent ? Or will they simply return the deposit to the tenant ? Or will it have to go to arbitration ? Good luck, Mark Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted September 23, 2007 Report Share Posted September 23, 2007 Not often i type this ....but completely agree with Mark !! Market immediately , with T paying until new T found, with existing T paying for procurement costs ...pretty straight forward ... Although i would try to leave DPS out of it and get payment from T in cash for remaining rent ..with any luck you wil find new T to move on as old ones leave..... Simon Link to comment Share on other sites More sharing options...
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