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Tenant has given notice


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Tenants who signed a 1 year contract in Sept 08 has just rung giving one month's notice to say that she's moving out.

They has to move out to a single floor flat for heath reasons (I know she has been ill so it's not an excuse).

Can I legally persue her for the missing months? Is it worth it? Can I keep the deposit in lieu of some of the rent?

Or do I just write it off and concentrate on getting the next tenants in?

Second question - the house could do with a carpets/paint and poss kitchen refurb - is it worth doing it whilst they are in, to buy some time, or easier to just take the void and get it done whilst empty but as soon as possible?

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Hi Mark,

Should you accept her notice? - well yes I would. An unhappy, disgruntled tenant will only cause you grief.

If this is a 'high end' let I might try to 'come to an agreement' in cash terms to release them early from the terms of the agreement. Most 1 year AST's have a 6 month break clause so would could not get rent up till Sept. I would not go down the legal action route unless you are a trained solicitor and want a challenge!

On the second part of your question - NO! Do not do any work until tenant departs or she might accuse you of harassment. If she has been ill doing work in the place would be unfair and unreasonable - don't you think? Perhaps could try recovering the extra 4 weeks rent to make up the 'notice' from her and this would buy you some time for renovations. If you do and this is to come off the deposit make sure you have her consent in writing to this.

You need to negotiate I think. Let's see what others think?


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In the end I decided to play the 'good landlord'.

I told her should could vacate on a month's notice, but that I'd also keep her deposit. I explained to her that legally I could chase her for the shortfall, but that I wouldn't - she was very grateful.

In the end she's moving out two weeks into her four weeks notice, which means I have a 6 week void covered. This should give me enough time to spruce it up and get it back on teh market again.

She's happy that it's all gone through without hassle, and I'm chilled about the 6 weeks void covered.

I think that's what they call a win-win.


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