What to do when tenant wants out after 2 days?

Hi Angie

This is a tricky one.

Legally she has signed a contract to pay you rent to the end of the contract term and to respect your property and her neighbours. The problem however is the cost of enforcing that.

Do you really want to have somebody in your flat who doesn’t want to be there?

If you hold her to the contract do you think she will respect the property, and more importantly you?

I suggest you try to meet her and have a grown up discussion. Try to empathise with her as much as possible. If you start by reminding her of her legal responsibilities this will probably just get her back up. Begin by finding out what the problem is and ask her what you can do to help. Chances are that she will raise the contract first that way.

I was in this situation once, as a tenant, not a landlord. It was shortly after I’d let my own home vbecause I couldn’t afford to live in it any more due to the 15% interest rates in the early 90’s. I made a mistake and rented a third floor flat in the City Centre, opposite a movie theatre, because it was cheap. It was very noisy and after a month we found out my wife was pregnant too. There was no lift in the property.

The letting agent was very understanding and agreed to let us out of the contract as soon as the property could be re-let. We did everything we could to help in respect of accommodating viewings, keeping the place looking at its best, agreeing to viewings at short notice etc. We moved on after about 6 weeks and everybody was happy.

Hopefully you can have a similar experience.
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Hi Angie
I agree with Mark. Most tenants realise they are contractually committed and will be happy if you agree to release them when you find another tenant. Will you have to pay a second fee to an agent for finding a tenant? I would ask for that to be covered though you agent might agree to take less.

The other option is to release the tenant immediately on payment of a sum (e.g. they don’t get any rent back and perhaps forfeit their deposit). That puts you at risk if you can’t find a tenant immediately but gives the tenant certainty. You may get a windfall if a new tenant is found quickly.

Reply to the comment left by “Mark Alexander” at “09/09/2015 – 09:37“:

Hi – agree with Mark on this. They signed a contract so you are int the right but have a meeting and try to get a mutual agreemnet

Great advice there Mark thanks for your input

Reply to the comment left by “Angie Dobson” at “09/09/2015 – 10:35“:

Hi Angie

You will also need to get your tenant to sign a surrender agreement to cover your own back, please see >>> https://www.property118.com/surrender-tenancy-agreement/67939/
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Hi, This stapled to all my tenancy agreements

SO YOU WANT TO LEAVE !

We have both signed a legally binding lease for a minimum of six months. I can’t throw you out on a whim. You equally can not just choose to move out.

It is not my intention to keep anyone were they don’t want to be, but this isn’t an hotel that you can’t just check out and hand your keys back.

If you want to leave before the original six months is up.

I will accept one months notice. (depending on the time of the year and how busy I am, I might be able to accept a much shorter period) I will not accept a notice that you will be vacating the house between 10th December and the 10th January.

You will have to pay for all the original letting costs

After the original six months is up

I will accept one months notice. (depending on the time of the year and how busy I am, I might be able to accept a much shorter period.)

The end of the six month lease is not an automatic notice to quit from me or you. I would still need to give you a notice if I want you to leave. You also have to give me 1 months notice if you want to leave.

THE PROCESS OF ACTUALLY MOVING OUT.

You are still liable for rent up to when you give ME the keys. Up to that point no matter what notice you have given me, how little you are there, or what personal possessions you have remove, it is still your accommodation and you will still be charged rent.

If I haven’t agreed a shorter period with you, Although you may have vacated the accommodation and returned the keys to me, you will still be charged rent for a period up to one month from the date you informed me that you wish to move out.

It makes no difference if you have an urgent reason to move, I can’t take this into account because everybody seems to have one, (Mum’s ill/moving away etc).

So in answer to your question. I would take one months rent all letting cost

I have faced this situation many times for various reasons tenant wants out and the best course is to agree with tenant that one would advertise and find new tenant you can release the present tenant from her obligations. As your rent is paid for the month you can refund the proportionate rent It would be worst decision to assert your contractual right and keep the tenant against her wishes. How easy is it for you to get newntenant?
Zaher