Ending a 12 months fixed tenancy agreement?

Ending a 12 months fixed tenancy agreement?

10:16 AM, 27th February 2023, About A year ago 8

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Hello. I have a situation that commenced last month and I got some good pointers from here. Tenants are on a 12 month fixed contract ending in Oct 2023. However, due to domestic violence (DV), one of the parties wanted her name removed from the tenancy.

I organised a meeting with both to discuss their options. The tenant fleeing domestic violence showed up and the other did not (I did not know about DV until I was sat in the house with the lady – new mum too).

Had I known I would have met them separately. I agreed to end the tenancy (both tenants do want to end tenancy as left tenant cannot afford the rent in a 4 bedroom house alone) as soon as I can get a new tenant into the property with the tenants paying the advertising costs and rent until a NEW tenant is found and moves in.

The tenant who left the left due to DV has already sent her share of the advertising cost but the partner is yet to come forward. The DV tenant is aware that she is jointly liable for the rent even though she is not living in the property and that if her ex partner fails to pay, legally I would be chasing both of them for the rental arrears.

Now my dilemma lies here.

Yesterday was the rent day (no rent has been paid yet) and I am just worried that the tenant in the house may not pay.

What are my options in terms of getting the property quickly and within the law?

Section 8 seems my only option as the tenants have breached a few elements conditions in the tenancy agreement and on reading it, it sounds like my quickest option but I am aware that a judge can refuse to grant possession even after a breach of the agreement has occurred (even with evidence).

I am also clear that the tenant left can refuse to surrender the tenancy as it’s fixed till October 2023.

Is there a legal document that I could send them both to sign surrendering the tenancy?

Or should I wait until there is 2 months rental arrears then serve Section 8?

Thanks in advance,

Shiru


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Comments

Judith Wordsworth

12:15 PM, 27th February 2023, About A year ago

If both are willing to sign a Deed of Surrender then do this but only if both tenants vacate the property and hand over all sets of keys. Get the keys then sign and date the DoS (4 original copies) 1 for each tenant, 1 for you and 1 for the Court if needed. You will need a witness for the signing of the DoS.

If one tenant refuses to vacate or pay any rent then wait until 3 months arrears and apply for possession under a s8. (as if only 2 months owed and a tenant pays 1 week's rent or even 1 day's rent arrears then the s8 becomes null and void as 2 months is not owed!)

Your advertising costs are tax deductible, so personally I think it's a bit much asking the tenant(s) to pay this. But you've got 50% so .....

RoseD

13:01 PM, 27th February 2023, About A year ago

Hi
I'm watching the comments with interest as this could happen to any tenancy (hopefully without the violence) and I'm getting vibes with a current occupancy where all is not good in the relationship.
Given previous reply presumably the sooner you can end the tenancy the better and would it be ruthless to say why would you want to keep either of the tenants in the property given the circumstances.
To focus on advertising costs etc. seems extreme when it looks like you got bigger issues to deal with.

Seething Landlord

14:04 PM, 27th February 2023, About A year ago

Issues are nearly always best resolved by agreement and as both tenants want to end the tenancy I would do everything possible to facilitate this. You already know that the remaining tenant cannot afford the rent so the sooner they go, the better for all concerned.

As the tenancy is in the fixed term, they need your consent to early termination and I would suggest drawing up a document combining their offer and your acceptance of the surrender and incorporating whatever terms are agreed, which you can all sign.

It has been suggested that it should be signed as a deed and therefore witnessed - I doubt if that is necessary but am happy to be corrected.

amarni

14:32 PM, 27th February 2023, About A year ago

Would it be more appropriate for her to move into safe sheltered housing of women's refuge by authorities? Surely in this instance a deed of surrender signed by the aggrieved party at council would suffice?
At presentshe in danger if partner calling round 24/7 .... to do what? Damage, etc.?

Churchills Tax Advisers

15:07 PM, 27th February 2023, About A year ago

Reply to the comment left by Judith Wordsworth at 27/02/2023 - 12:15
Not sure about the relevance of tax deductibility. For most taxpayers you will only get back 20-40% of the expense as a tax reduction, the taxpayer is still out of pocket by 60-80%.

If he has to incur the advertising cost before the end of the normal expiry of the tenancy it doesn't seem to be unreasonable to claim from the outgoing tenant.

Graham Bowcock

15:23 PM, 27th February 2023, About A year ago

Reply to the comment left by Gone Fishing at 27/02/2023 - 15:07
Somebody always mentions tax relief when talking about costs!

When we have a tenant leave early we will charge them marketing costs so that the landlord is not out of pocket. Under the Tenant fee Ban, this is permitted but a landlord may only charge the actual fees incurred and these must be reasonable.

RoseD

15:42 PM, 27th February 2023, About A year ago

The focus here should surely be finding a solution to releasing the tenants from the fixed term contract especially as it looks highly likely the rent is going to be a problem to the remaining tenant.

I'd be thankful under these circumstances to agree release from a problematic situation and get the property back in good order.

David Houghton

19:18 PM, 27th February 2023, About A year ago

I'd facilitate them leaving. Say to the last one go, and we will call it quits. Much easier in the long run, it's hard work getting possession orders and chasing arrears.

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