Tenant left without serving a notice?

Tenant left without serving a notice?

9:23 AM, 3rd October 2023, About 7 months ago 15

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Hello, I am looking for some advice from Property118 readers. A tenant left without serving a notice, which was required in the AST.
My question is: Can I claim the deduction from their deposit for the rent they are still liable for?

I did find a new tenant shortly later to move in. Am I restricted in charging the previous tenant rent till the new tenant moves in?

Any advice would be greatly appreciated,

Mike


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Comments

Ian Narbeth

11:35 AM, 3rd October 2023, About 7 months ago

Mike, if the fixed term comes to an end and the tenant leaves on or just before that day the tenant does not have to give you notice. The tenant is liable up to the contractual end date.

If the tenancy has become periodic, the tenant has to give notice. Shelter has a useful article here.

Teessider

11:42 AM, 3rd October 2023, About 7 months ago

Exactly as Ian says.

However, if they left the property in reasonable condition, I’d forget it and move on.

BRACKS Mead

12:13 PM, 3rd October 2023, About 7 months ago

With agreement to the earlier comments about whats contractual... if there was a period of rent due/ chargable time, it is only up until the new tenant started paying. Which is what you inferred yourself.

Professor W

12:30 PM, 3rd October 2023, About 7 months ago

i had a similar issue , tenant had been there a few years ,agents AST end, twice renewed, so was on a rolling monthly, they just left, after being told they need to give 1 months notice they sent a text to back date their notice !!! and calderdale council want council tax for the tenants notice period , you could not make it, to hard to chase a tenant so the could chose us landlords again

Marie Lee

13:53 PM, 3rd October 2023, About 7 months ago

Reply to the comment left by Professor W at 03/10/2023 - 12:30
Well, they have to pay , simple as that. People can just do what they want. Backdate the notice, oh ye right!!

Depends if you just want to move on but you can take what's owed out of their deposit. Obviously, they may contest that, but as you have proof, bills and backdated notice that's it

Michael Booth

15:45 PM, 3rd October 2023, About 7 months ago

Move on , ya lucky they left and not the otherway round , this is comming from a landlord of 25 years.

Christopher Lee

6:06 AM, 4th October 2023, About 7 months ago

Reply to the comment left by Ian Narbeth at 03/10/2023 - 11:35
I thought that was the default position but it could be varied in the tenancy agreement? Some agreements state you still need to give notice else the contract rolls on to a periodic? Isn't that the case?

Ian Narbeth

11:20 AM, 4th October 2023, About 7 months ago

Reply to the comment left by Christopher Lee at 04/10/2023 - 06:06If the AST was initially for a fixed term the tenant can just leave on the last day of that term without giving notice. The landlord cannot require that notice be given to end the tenancy at the end of the fixed term.
However, I would make two points. First, even if the tenant gives notice, if the tenant does not leave there is not a lot the landlord can do. Second, if the Renters Reform Bill becomes law as currently drafted there will be no fixed term tenancies and landlords will be able to require that tenants have to give up to 2 months' notice to terminate the tenancy.

David

11:24 AM, 4th October 2023, About 7 months ago

Reply to the comment left by Christopher Lee at 04/10/2023 - 06:06
A Contractual Periodic Tenancy will require notice to end the initial term but not a fixed term tenancy.

We need more information from the original poster about the type of tenancy, when the tenant left and what both parties said/did at the time. It may be that the tenancy is still running and if so, the priority should be ending it properly before doing anything else.

Ian Narbeth

11:35 AM, 4th October 2023, About 7 months ago

Reply to the comment left by David at 04/10/2023 - 11:24
Yes if the tenancy was periodic from the outset but very few ASTs are periodic from Day 1.

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