Ending an agreement early

[bazwod]

Hi all

After some advice - i've got myself in a bit of a pickle!!

I have a contract with my tenant that he will stay in the property until 10th June. Recently i have told him that i have to sell the house and he has been very understanding, saying that if I find a buyer before 10th June he will move out prior to the contract ending. He then started looking for somewhere else at which point he's asked if it's okay to not pay any rent from 10th jan and move out on the 10th feb. I agreed via email, saying it would be unfair for me to ask him to stay. I have then fully thought through the situation and realised that I need him to stay until the end of his contract. I e-mailed him about 6 hours after the initial agreement that he would not have to pay anymore rent and said that I need him to stick to the terms of the agreement and stay at the house, or at least pay the rent!!

Sooooo, have i scuppered myself and agreed for the contract to end early or does it need to be more official? I've read that an agreement can be ended early if both parties agree, but can't find anywhere what happens if we both agree and then very shortly afterwards the landlord changes their mind and decides they do not agree!!

Any help greatly appreciated.

Baz

[snorkerz]

In that 6 hours, tenant could have signed a new tenancy obligation from 10 Feb.

I feel your email would stand up in court as agreement to terminate the agreement on 10/02, but even if it didn't, I think you are morally obliged to stick with what you agreed.

What if you get a buyer who wants to move in on 11 June or before? What if you agree to that & then T doesn't move out? Remeber, T wouldn't HAVE to leave on 10 June, he doesn't HAVE to leave until you get a court order & bailiffs.

Selling the property without the shadow of a tenant hanging over it will be easier and you'll save yourself the possible hassle / cost of the s21 process.

[semiproinvestorTim]

I agree with Flydeboy - It is better to free yourself of the hassle of a tenant early rather than him becoming a hassle... On the other hand you may be able to find a tenant who is looking for a temporary home, there are a few out there who'll take your property for a couple of months or less... It still be that your tenant hasn't yet found anywhere else thoug so don't panic until you've spoken to him!

Tim

[snorkerz]

I agree with Flydeboy - It is better to free yourself of the hassle of a tenant early rather than him becoming a hassle... On the other hand you may be able to find a tenant who is looking for a temporary home, there are a few out there who'll take your property for a couple of months or less... It still be that your tenant hasn't yet found anywhere else thoug so don't panic until you've spoken to him!

Tim

If you do find a short term tenant, remember you can't evict under section 21 in the first 6 months no matter how long the agreement is for.

[Rental Lease]

I think the appropriate thing to do is to sign a mutual termination of lease to end a lease agreement early and make it official. You already told the tenant (in writing, no less) that you'd release him from the lease, so you might as well honor that and sign an agreement with him. (by the way if you don't already have one, here's a mutual termination of lease form)

Keep on trying to sell, and you might even get lucky and sell the house March 1 and be glad the tenant is no longer living there. It is, after all, easier to sell a vacant property, and you can do a proper cleaning and a little staging to make it a faster sell.

Best of luck Bazwod!