Tenant leaving mid month?

by Readers Question

9:46 AM, 12th January 2017
About 2 years ago

Tenant leaving mid month?

Make Text Bigger
Tenant leaving mid month?

Can anyone advise me on what’s best to do in this scenario: Tenant told me just before Christmas that she is leaving and gave me notice on her rent day 1st Jan but with no leaving date. notice

She led me to believe this would be end of Feb however. She then changed her mind (today) to the 9th Feb and wants to only pay nine days rent on 1st Feb.

What’s best to do?

The house will be empty after her departure as I am selling it (meant to be selling it to her until she dropped the bombshell just before Xmas). Am a bit short of cash as I have to pay the mortgage with no rent coming in while the sale goes through.

Any advice on the law/protocol here would be massively appreciated.

Thank you.

Emma



Comments

Neil Patterson

10:03 AM, 12th January 2017
About 2 years ago

Hi Emma,

Technically the notice from a tenant must end on the first or last day of the period of a tenancy, except when your tenancy agreement says something different.

The first day of a period of your tenancy is the anniversary date each week or month of when the tenancy began. This is often the same date that your rent is due, but not always.

However, you really do want a tenant to take care of the property before they leave so I would strongly consider compromising and letting her just pay the extra 9 days as it is not stopping you moving someone in.

Gary Nock

18:19 PM, 12th January 2017
About 2 years ago

I concur with Neil's comments above. If it was that you needed to re-let then I would have insisted on the full notice period. As it is the sooner the tenant is out the easier is is to sell. But...she appears in a hurry. So unlikely to clean the property properly or make good any dilapidations. Write her a letter stating that you are entitled to your full months rent but in the interests of good tenant relations you will allow her to pay the nine days. Do a pre-inspection a couple of weeks before the tenancy end against the inventory and note any dilapidations you want putting right. Tell her what condition you expect the property to be in when she leaves. Again put this in writing. On book out day check the dilapidations against the list from the pre-inspection.Take time and date stamped photos. Advise her that you will obtain estimates for the work and will expect these to be covered out of her deposit.

Mark Trenfield

8:32 AM, 13th January 2017
About 2 years ago

Hi Emma,
Your tenant gave you notice before Xmas and you were "led to believe" that she was leaving at the end of February".

So was the end of February a date set in writing? I doubt it. A tenant only needs to give the landlord 1 month's notice.

So - technically - your tenant gave you notice of her intention to leave before Xmas and the tenancy anniversary is 1st day of the month ..... and 1 months' notice from 1st January 2017 is 31st January 2017.

Therefore - your tenant is actually offering to pay you 9 days more rent (ie: the first 9 days of February) than is technically due.

So I don't really see what the problem is.

Mark

J lied03

10:20 AM, 13th January 2017
About 2 years ago

Emma I agree completely with Mark on this one. I've got exact senario your/my tenant gave for warning of leaving and gave a months notice in writing. They both want a few extra days beyond that and will pay for those days. Thats all fine we get a few extra days rent and tenant leaves amicably - job done. Guess the only question lies open when does the tenant have to pay for the extra days would be on the 1st in your case I guess (in advance)?
Good luck with your sale.
Regards Janet

Emma Pattwell

11:07 AM, 13th January 2017
About 2 years ago

Thanks everyone. I will tell her she can just pay for the 10 days. I guess I was annoyed that she misled me over buying it herself so I thought I wouldn't have to find the money to pay the mortgage while sale went through. Stupid mistake and let my annoyance get in the way. Good job I'm getting out of this lark it's all so problematic. Have always felt as a landlord I could never really stand up for myself without creating so much hassle that it wasn't worth it. She's blu tacked a load of stuff to the walls which will pull off paint but I can't face the inevitable argument over that....

Mick Roberts

12:39 PM, 13th January 2017
About 2 years ago

I'd be jumping for joy that she's gave me notice.
And she's offering to pay the 9 days as well. I'd be smiling in me sleep, good tenant for a change.

Michael Barnes

12:52 PM, 13th January 2017
About 2 years ago

Reply to the comment left by "Mark Trenfield" at "13/01/2017 - 08:32":

But it is only notice if a date is given.

Dylan Morris

20:33 PM, 13th January 2017
About 2 years ago

I really can't see what the problem is here. I'm assuming the tenancy has gone periodic as there is no mention of an end date. Most of my rentals go periodic and if a tenant wants to leave I just ask them to provide me with one month's notice as required under law. I don't hold them to giving me notice on a specified rent day. As long as I get one months' notice (I always insist on this in writing and an exact leaving date) that's sufficient time to advertise and get another tenant lined up. And as regards a bit of blue tack on the walls then it's no worse really than a few picture tacks. I always allow tenants to put small pictures up. After all I want to keep them happy and it is their home after all. Sounds to me like you have a very good tenant here. Yes her plans changed about buying the property but that's life. Get the property on the market on Monday and get your next tenant lined up or put it up for sale. Simples.

Dylan Morris

20:43 PM, 13th January 2017
About 2 years ago

If you rub the bluetac off gently it shouldn't pull off the paint. Perhaps might need to run a roller over the wall though if it leaves a mark or just touch up if you have some of the original paint.

Gary Nock

21:01 PM, 13th January 2017
About 2 years ago

Blue tack is oil based so leaves a residue. If there's a mark either use a spot of stainblock or a white gloss and then go over it in emulsion otherwise it bleeds through

1 2

Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Seeking Help in 'De-bunking' MHCLG's report

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More