stevie-b Posted January 25, 2012 Report Share Posted January 25, 2012 Hello all, I,m after a bit of advice guidance and support. I have a tenant who is two months into a six month AST last week they told me they were leaving as the property is too small for them. They had a new property and would leave in two weeks and I could keep the remaining two weeks rent. (rent paid monthly and in advance). I did not agree to anything but asked for confermation of there wishes in writing. I recieved a text, but no letter. I wished to meet with the tenants and the guarentor. The tenants declined to meet with me and have now told me that they will not be moving out, as the other house fell through. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted January 25, 2012 Report Share Posted January 25, 2012 If they want to stay they stay. If you want rid you've to use the usual repossession procedures. Until they have surrendered it's in their possession. Link to comment Share on other sites More sharing options...
stevie-b Posted January 25, 2012 Author Report Share Posted January 25, 2012 Thanks COR. I guess i am bound by the AST even though the tenant wanted to end it. The house hasn't got bigger so i guess i just have to wait for them to do it again. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted January 25, 2012 Report Share Posted January 25, 2012 In truth if they are good T's and pay ok your possibly better off with them than the unknown next ?? Link to comment Share on other sites More sharing options...
stevie-b Posted January 25, 2012 Author Report Share Posted January 25, 2012 thanks. I was origanally considering serving a s21 on them so i had some stability, but now i am leaning towards the fact that, if they are going to go anyway why push them. Link to comment Share on other sites More sharing options...
Melboy Posted January 25, 2012 Report Share Posted January 25, 2012 I would politely point out to your tenants that if they wish to leave your property and serve notice to that effect then it MUST be done in writing and not by text as this is unacceptable and bad business practice. It is worthwhile also pointing out to them that if they sign a 6 month contract then that is exactly what it is a contract and they can't just bail out on a whim or fancy because the property is too small for them because that decision should have been made before committing to rent the property from you. If they wish to move for any reason then that time comes at the end of their time with you and not before. Mel. Link to comment Share on other sites More sharing options...
Richlist Posted January 25, 2012 Report Share Posted January 25, 2012 I agree with Melboy. + If your tenants decide to leave early they are still liable to pay you the rent for the remainiing fixed term of the contact. Link to comment Share on other sites More sharing options...
stevie-b Posted January 25, 2012 Author Report Share Posted January 25, 2012 Thanks, Melboy, I had those conversations with the tenant and the gatentor at last week. I appreciate i have the right to six months tenancy, however i would rather have a new paying tenant than an empty property and chasing a guarentor and tenant to pay the rent on the empty property. I can appreciate your comments about best buisiness practice. If a tenant notifies you verbally and by text but not by letter would a court agree that the LL had not been notified. Link to comment Share on other sites More sharing options...
stevie-b Posted January 25, 2012 Author Report Share Posted January 25, 2012 sorry about the punctuation and spelling. I am minding my children at the moment and i havn't mastered multitasking. Link to comment Share on other sites More sharing options...
Melboy Posted January 25, 2012 Report Share Posted January 25, 2012 If a tenant notifies you verbally and by text but not by letter would a court agree that the LL had not been notified. I would say in today's World of Tenancy law where everything is stacked against the landlord.......No. It's by formal letter or nothing in my book. But there again I am a battle hardened, worn down by previous bad tenants, cynical old Git! Always keep it business like and professional is the very simple answer. Mel. Link to comment Share on other sites More sharing options...
stevie-b Posted January 25, 2012 Author Report Share Posted January 25, 2012 Its a point i could do with clarifying. I ask for the tenant to serve notice and comunicate none emergency matters to my buisiness adress, which is on the AST (also the water meter, electric meter and gas meter). I have everything done in writing as i appreciate any judge would expect a LL to d. I very rarely have a tenant right to me. could i refuse to acept notice to leave via text, as i state in the AST that notice should be served at a specific adress? Link to comment Share on other sites More sharing options...
LLAW96 Posted January 25, 2012 Report Share Posted January 25, 2012 See s.18 rent act 1737 yes 1737 I kid you not, i have used it before and its a good one to have up your slieve. The fact that it is a text is probably sufficient. Link to comment Share on other sites More sharing options...
stevie-b Posted January 25, 2012 Author Report Share Posted January 25, 2012 thanks LAW I have never heared of this before. I googled some info “whereas great inconveniences have happened and may happen to landlords whose tenants have power to determine their leases, by giving notice to quit the premisses by them holden, and yet refusing to deliver up the possession when the landlord hath agreed with another tenant for the same” The act goes on to provide that if a tenant gives notice and then fails to leave, a landlord can charge double rent “and such double rent or sum shall continue to be paid during all the time such tenant or tenants shall continue in possession as aforesaid“. However note the following: The tenant must have served a proper valid notice to quit, which has been accepted by the landlordThe double rent can only be charged on a daily basis for the period of time the tenant overstaysIt cannot be used if the tenant just fails to return the keysIt cannot be used if the tenant just stays on after the end of the fixed term (in which case his tenancy will be treated by law as continuing.now i am confused. Does the tenant stay on but pay double rent for Feb, March and April? Am i still bound by the six month AST which will expire in April? If the tenant leaves prior to April can i pursue for loss of rent until i have a new Tenant? Link to comment Share on other sites More sharing options...
Mortitia Posted January 26, 2012 Report Share Posted January 26, 2012 thanks LAW I have never heared of this before. I googled some info "whereas great inconveniences have happened and may happen to landlords whose tenants have power to determine their leases, by giving notice to quit the premisses by them holden, and yet refusing to deliver up the possession when the landlord hath agreed with another tenant for the same" The act goes on to provide that if a tenant gives notice and then fails to leave, a landlord can charge double rent "and such double rent or sum shall continue to be paid during all the time such tenant or tenants shall continue in possession as aforesaid". However note the following: The tenant must have served a proper valid notice to quit, which has been accepted by the landlordThe double rent can only be charged on a daily basis for the period of time the tenant overstaysIt cannot be used if the tenant just fails to return the keysIt cannot be used if the tenant just stays on after the end of the fixed term (in which case his tenancy will be treated by law as continuing.now i am confused. Does the tenant stay on but pay double rent for Feb, March and April? Am i still bound by the six month AST which will expire in April? If the tenant leaves prior to April can i pursue for loss of rent until i have a new Tenant? Link to comment Share on other sites More sharing options...
Mortitia Posted January 26, 2012 Report Share Posted January 26, 2012 Not sure what happened there- internet glitch! No you cannot charge double rent. Both parties are bound by 6 month AST unless you both agree to end it. If original AST does not end until April then yes you can insist on the rent if they vacate before the end. Mortitia Link to comment Share on other sites More sharing options...
LLAW96 Posted January 26, 2012 Report Share Posted January 26, 2012 The 1737 Act is good law and I have used it in the past. The key here is has there been been a proper notice to quit as per the common law rule, i.e 4 weeks ending on a rent day. In this case it seems not however a landlord has the power to waive the requirement for notice or indeed accept a notice notwithstanding which is defective. At the point the notice expired the tenant is holding over. Following on from the issue of the service of the notice the argument is whether the tenant can lawfully withdraw their notice prior to expiry and there are arguments both ways here. If you want the property back draw their attention to it, it might do the trick for you. Link to comment Share on other sites More sharing options...
Grampa Posted January 26, 2012 Report Share Posted January 26, 2012 If you go down this route remember you are not asking for double rent. The tenant must pay amount equivalent to double rent as mesne profits which means damages for use of the property. Link to comment Share on other sites More sharing options...
James74 Posted January 26, 2012 Report Share Posted January 26, 2012 The tenant can text put it in writing but if they change their mind the day before they're supposed to go then they can stay. The tenancy is only terminated when the keys are returned by the tenant to the landlord. If you have tenants waiting to move in after you receive notice then be careful how you word this to your prospective new tenants - tenancy granted on vacant possession. You have to be super careful when dealing in these situations as there are many tenants who know the landlord and tenant act better than landlords and some solicitors ! James Link to comment Share on other sites More sharing options...
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