11:50 AM, 25th January 2021, About 2 years ago 47
As readers of Property 118 are professionals, what opinions and advice can you offer on whether I’m being unreasonable in holding a widow to the terms of the tenancy agreement.
I own a modern retirement (over 55s) flat and for the last 5 years it has been rented to a lovely couple – model tenants in fact. They pay the rent largely from housing benefit with the shortfall made up by their daughter. I also have a guarantor for the AST. The tenancy was renewed on 6/9/2020 for a further 12 months.
The husband died from Covid last week and the daughter has written to me giving 2 months’ notice after which she expects her mother will have moved out due to ill health (can’t carry on living in the flat on her own) and has assumed the tenancy will then be ended.
I have said I am not prepared to do this as legally; I am entitled to receive the rent (£1100 per month) up to September 2021; if I agree to cancel the tenancy at the end of March, I will lose out on £5500 in rent unless I can re-let the flat quickly. Because over 55s is a very restricted market and most people who would be interested would be downsizing buyers rather than renters, it is quite possible that it could take me until September or even longer to find new tenants.
Am I being unreasonable by insisting that the rent is paid each month until September even though after March 31st, the widow won’t be living there? I’ve discussed this situation with a number of people and opinion is divided but while I feel sorry that a tenant has died and his widow needs to move out for health reasons, I don’t see why I should have to just accept a loss of up to £5500.
As readers of Property 118 are professionals, what opinions and advice can you offer?
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