16:22 PM, 10th May 2022, About 2 years ago 8
I rent out an apartment. The initial contract started on February 13th 2021 and the fixed term was for twelve months. The tenant renewed for a further twelve months from Feb 13th 2022. The tenant is now in some difficulty financially and her mother has become unwell and they need to go and live with her too. She has requested that she wants to leave the property.
There is a break clause in the contract (standard, notice after 4 month, but not to expire before 6th month) but she wants to leave on July 12th instead of August 12th. (August 12th would be the end of the six months).
In any case, I am inclined to Ok her leaving early before the break clause. I am just a bit unclear as to the correct procedure to avoid any issues for myself.. Am I correct in saying
1) I need to agree the terms of the early tenancy surrender in writing with the tenant. There is no formal template for this. I will tell her it is okay to give notice now so that she can leave on July 12th. If I can find a tenant who wants to move in sooner than she may be able to move out earlier.
2) If I am not able to find a tenant, then is it reasonable that she should be liable for the rent until what would have been the termination if the break clause had been evoked, ie August 12th 2022?
3) Is it reasonable for me to say she will have to pay my costs for finding a new tenant? I will do it via Openrent so it is reasonable compared to a letting agent. This is what I would have done in any case whenever she moved out.
4) I understand a formal surrender of tenancy has to be signed by the existing tenant. Does this have to be done on the day she leaves the property? If so when do I get the new tenant to sign the contract? If the existing tenant does not move out then I’m in a pickle. I would assume the contract with the new tenant has to be signed after the existing tenant moves out and has signed the surrender of tenancy? Will a new tenant looking for a property, for example, provide a holding deposit and then wait one and half months to sign the contract?
Am I missing something here?
I appreciate any help as I am trying to get this done correctly.
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