Breach of Tenancy Agreement or a months rent?

by Readers Question

8:26 AM, 1st July 2020
About 3 months ago

Breach of Tenancy Agreement or a months rent?

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Breach of Tenancy Agreement or a months rent?

Tenant’s Benefit Assessment Period (BAP) is 12 – 11th of the month, paid on the 18th. As I have issued a S21, she has ‘retaliated’ with emailing me her own ‘Notice to Quit’:

“I Give you notice that I intend to quit and deliver possession of the premises at XXX

On the 17th July 2020 or on the day on which a complete period of my tenancy ends next after the end of 4 weeks from service of this notice.

Signed: XXX

Date: 29/06/2020”

Question – if I stick to the months notice (from yesterdays date) it makes it 29th July and I wont get any rent as she has left during her BAP period.

I could reply that I accept her months notice, but ask she stays until 12/13th August so that I get paid rent for that BAP period, but clearly she has no obligation to do so. If she leaves before then without telling me and sets up another claim, then again I wont get paid for that BAP period.

Is there an alternative? I could say I accept her notice, but state that given that she clearly wants to leave, I would offer a final day of 12/13th July, so I get paid and she is free to leave.

Any advice welcome.

Reluctant



Comments

Bernadette Lloyd

10:57 AM, 1st July 2020
About 3 months ago

Given the current climate, my personal view would be to let her go regardless of whether you get the rent or not.

If she refuses to go at the end of the section 21 notice then you are faced with court action, more cost and more time and the possibility that she does not pay those costs.

You then have your property back so that you can find another tenant.

Luke P

10:59 AM, 1st July 2020
About 3 months ago

Reply to the comment left by Bernadette Lloyd at 01/07/2020 - 10:57
You could also claim mesne profits if she does not leave by her notice period end.

Mike T

12:27 PM, 1st July 2020
About 3 months ago

Reply to the comment left by Bernadette Lloyd at 01/07/2020 - 10:57
It's my view that vacant possession is better than the having a tenant that could possibly be troublesome - and very costly to you - in the future .
Good luck as you move onward and upwards.

WP

18:02 PM, 1st July 2020
About 3 months ago

Reply to the comment left by Luke P at 01/07/2020 - 10:59
claim it is one thing...getting it quite another!

Paul Shears

19:35 PM, 1st July 2020
About 3 months ago

Reply to the comment left by Mike T at 01/07/2020 - 12:27
Totally agree.


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