Tenants Notice Period – please consider this scenario

Tenants Notice Period – please consider this scenario

10:01 AM, 3rd December 2012, About 12 years ago 25

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Readers Question

I wonder if anyone can give me advice on what they might do in my position over a potential tenants notice period dispute?

I’ve had good tenants in a house for about four years who recently told me that they might be looking for a larger property in the near future, but that there was no urgency. As we were due to go abroad on holiday for 3 weeks from 10 Nov I gave the tenant my daughter’s phone number to contact in case of an emergency.

On 22 Nov I had a call at 4am in New Zealand from the tenant. I sent her a text back and asked her to text as I was in NZ.

She did so, telling me that she’d tried to phone me a couple of times and that they were moving out on 7 Dec. I sent a text back saying I’d accept her text as written notice to leave on 22 Dec, that they should pay the usual rent on 1 Dec and I’d refund as appropriate. She immediately sent a text back saying “I tried to give you notice but couldn’t get a hold of you. A letter is at your house for notice to end on 7 Dec. I also tried to contact our daughter as well.”

My daughter sent me a text on the same day to say that she’d received a voicemail from my tenant on 22 Nov saying that they had tried to get hold of me and they were moving out.

I didn’t respond to to the tenant as I wanted to enjoy my holiday, but now we’re back and have found the letter at the house dated 10 Nov, saying they are moving out 10 Dec (not 7th as stated in texts).

My tenant may well have been unable to contact me for a few days earlier by phone as it was switched off, but we left on 10 Nov, and she didn’t phone or text me, or phone or text daughter until 22 Nov. Although the letter is dated 10 Nov it could have been delivered any time up until 30 Nov when we returned.

Surely I’m not being unreasonable to say that she could have done more to give me proper notice?

I intend to claim the deposit in lieu of rent as I’m sure she won’t pay the correct rent. The annoying thing is that I sent their deposit away for custodial protection just before we went on holiday to comply with the new Scottish regs.

What would readers advise me to do when I get in touch with them?

Roberta Goodall


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Comments

Mark Alexander - Founder of Property118

23:36 PM, 6th December 2012, About 12 years ago

Hi Roberta

I'm really pleased it's turned out well for you and that you've used this forum as was intended. None of us has a monopoly on good ideas so it's important that we share them. If you do take the young couple, who may well take the place with the funky paper, do make sure they have a guarantor or that you can purchase Rent Guarantee Insurance.

All the best

Mark

Sam Wong

18:50 PM, 8th December 2012, About 12 years ago

Get real Roberta. If only you know how lucky you have been and are.

Go get yourself a life and hope you dont ever find yourself a tenant from hell.

Roberta Goodall

19:56 PM, 8th December 2012, About 12 years ago

If you'd read all the comments you would see that I've had two bad tenants in the last few months and lost a lot of money because of them. With this tenant I have only ever been concerned to 'do the right thing' and not be taken advantage of, but equally I wanted to be fair to tenants who have caused few problems over 4 years.

My problem was that, to me, a month's notice means a month's notice, not a couple of weeks. But most people were saying that it was my fault for being on holiday, and even though the tenant had my phone number, and that of my daughter the fact that she didn't get in touch until

two weeks before she moved out is to be ignored because she has been a good tenant.

So, again, as you'll have read, I've accepted her notice (although the next door neighbour has now informed me that it was a 'rush job') and have not charged her extra for anything.

I don't see why you should criticise me for asking for advice, surely that's what this forum is all about? I've been buying, renovating, renting and managing my properties for 9 years now, but I'm obviously still learning as each new challenge arises. Comments like yours, and those of Mr Craigie are best kept to yourselves, they are neither constructive nor helpful. If you can't say something useful then perhaps it is better to say nothing.

18:45 PM, 9th December 2012, About 11 years ago

Roberta, after 4 years you should end on a positive note and not be so mean minded. The fact they told you they were considering moving should have been suficient for you to have anticipated what has happened. I would normally give flexibility to a tenant that stays so long and has save so much downtime over the 4 years. Unless there is another reason I would return their full deposit.

Roberta Goodall

23:10 PM, 9th December 2012, About 11 years ago

I've already said I'm returning their full deposit, less rent for ten days in December which they are in agreement with. And I've said that we parted on the best of terms.

I really don't think I'm mean minded! As I've repeatedly said I simply wanted to know what was the 'right' thing to do when given less than a month's notice, and less than a month's rent.

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