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Tenants quitting property 5 months into 1 yr AST


Mischka

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Please Landlords, I need some advice...

A 12 month AST was signed last September and now 6 months into the agreement my tenants have told me that they will be leaving in 3 weeks time - only following several emails from myself to find out why the rent hadn't been paid on March 1st. They wrote in an email:

"Unfortunatly due to unforseen circumstances we have had to vacate your property as of the 1st March 2012. We are fully aware that we failed to provide you the required notice, and can only appologise for this. We understand that the this will mean the forefiture of the bond provided and we accept this. We are sorry that it has gone this way, but it was totally unavoidable."

It is true, there is a 1 months rent deposit held with the DPS (to the value of 1 months rent) but some of this I know will have to be used for dilapidations (they have moved a dog in who has caused damage) and cleaning.

This clause is mentioned in my contract.

4.12 The Security Depositis held against dilapidations and repairs and will not be accepted as paymenttowards any rent or the final months’ rent.

I do not want the inconvenience of finding new tenants and for sure the loss of income until I find new tenants.

Can they do this? and what recourse do I have to the law and indeed the AST.

I have landlord insurance with the Halifax but am not sure what level of cover (if any) I have for this kind of situation.

Please any advice will be appreciated as I want to respond to them ASAP.

Thanks in advance.

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They, or their G'tor, are liable for the full 12 months rent. Or until you occupy with a new T, you should try to cause this as soon as reasonably possible.

Their 'unforeseen' change of circumstances are their affair, in theory.

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Tenants are responsible for rent for the full contract term unless you mutually agree something else.

If they fail to pay you can claim from the guarantor or your rent guarantee insurance.

If all that fails..... its court action to claim your losses........only worth it if tenants have any money though.

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Guest caravanj

Basically you tenants can do whatever they want with virtual impunity. You as landlord, however, have to abide by the letter of the law or else!

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