Which type of agreement/tenancy do I need?
3 years ago | 13 comments
Tenant wants to leave early?
12:04 AM, 30th August 2023, 3 years ago
23
Hello, I have a tenant that wants to leave at the end of month 8 of a 12 month tenancy as he has bought somewhere. What should I do?
He is offering to make a settlement to cover costs.
I self manage and don’t really want the work, although I can probably get 8% more rent.
I know legally I can keep him to terms of tenancy for 1 year.
Thank you,
Chris
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Member Since October 2020 - Comments: 1186
12:43 PM, 30th August 2023, About 3 years ago
1. Agree to the settlement.
2. Download a deed of surrender
3. Find an independent witness
4. Everyone signs at the moment of the tenants departure
Member Since September 2022 - Comments: 149
12:47 PM, 30th August 2023, About 3 years ago
Why would you want to keep a tenant who wants to move , they sound decent offering to pay expenses, you should also do the decent thing . And follow the advice given by the other landlords above .
Member Since July 2023 - Comments: 182
12:58 PM, 30th August 2023, About 3 years ago
Mate
To misquote Sadiq Khan…
We had similar – two months into a six month AST – went back to their EU country as CoL cheaper.
Anyway that’s not my point.
If you let them go before expiry of AST don’t forget to get a Deed of Surrender, signed by every person on the AST AND (caps intentional) witnessed by independent person ON the date of surrender.
You could come unstuck otherwise.
Member Since May 2021 - Comments: 392
4:05 PM, 30th August 2023, About 3 years ago
Reply to the comment left by Warwick Marsland at 30/08/2023 – 11:43
Top answer and exactly how I run my let bungalow. I have an agent who gives me the option to deal with maintenance issues myself which I generally do but the agent deals with all the paperwork side. Works nice and it’s suits all parties. Keep your tenants happy, let him move on especially as he’s paying you , get your new tenants in on higher rent , happy days and merry Christmas !
Member Since February 2018 - Comments: 26
4:32 PM, 30th August 2023, About 3 years ago
I agree with those who say settle and let them go. It really is a no brainer.
Member Since September 2015 - Comments: 240 - Articles: 1
11:16 AM, 31st August 2023, About 3 years ago
I would always let them go. Keeping on good terms with tenants is the best way to make sure they leave the property in good condition, draw any hidden or impending issues to your attention, and reccommend you to other people.
Member Since May 2023 - Comments: 206
7:23 AM, 2nd September 2023, About 3 years ago
Best to just move on, it will get worse if you try to keep them in plus good time for new tenants Sept, come towards Xmas few extra months.
Member Since August 2014 - Comments: 175
8:21 AM, 2nd September 2023, About 3 years ago
Seriously, I can’t believe you’re asking this question?
If a tenant wants to leave and is decent enough to cover costs then you can;
A. Take his generous offer and everyone can move on with their lives.
B. Refuse his offer and be stuck with an unhappy tenant who could if he wanted stop paying rent anyway, refuse to leave officially, smash the place up and/or sublet to a bunch of homeless drug addicts etc.
Your choice!!!
Member Since May 2023 - Comments: 206
8:30 AM, 2nd September 2023, About 3 years ago
Yes remember your a LL taking tenants monie your providing a service if tenant does not want that service let them go elsewhere as they want.
Member Since July 2013 - Comments: 42
8:52 AM, 2nd September 2023, About 3 years ago
I am in the process of doing this right now. There’s no point having a lease if no one expects to stick to it to some degree! We said that we will advertise and get a new tenant, which I have, and agree a date for them to go out and the new tenant to go in, with time in between for me to clean, do my normal maintenance checks etc. The tenant remains liable until the new tenant is signed and sealed. The old tenant pays for the letting fee which is a few hundred pounds or so. Saves them a few thousand in rent. Saves me having a void period. I work closely with a managing agent on this property so they do all the paperwork for me, but I have had to do it in the past myself, it’s not hard, it’s basically the same as at the end of a normal tenancy, just a few ends to tie up before releasing the deposit back to them (which is normal). Seems like a win win to me.