Tenant wants to leave
Discussion
... two months into a twelve month agreement. It's a standard Assured Shorthold Tenancy Agreement and I agreed to rent him the place as I've known him a few years and he told me he was working for a government company nearby which meant stable, secure(ish) employment. However, 2 weeks ago I found out he's actually working out of the property as a self employed Telesaler making apps for an advertising company Rep. Business for them isn't too good. He's now saying he can't afford the rent and moving back to his mothers.
He's given me two weeks notice, which is kind of him. I'm dubious of his story as only a week or so ago he was asking for my details for a reference so he could get finance on something or other. I'm now wondering if actually it was a reference for another property (he was fairly adamant it was unlikely I'd be contacted). I actually turned down a mate who really wanted to rent the place in favour of this muppet. Should I persue him through the courts for the remainder of the rent? I'm fairly certain had I turned around and said "I've found someone who'll pay more, you've got two weeks to leave" he'd hold up his copy of the agreement and inform me I can't actually do that so why he thinks he can I don't know.
He's given me two weeks notice, which is kind of him. I'm dubious of his story as only a week or so ago he was asking for my details for a reference so he could get finance on something or other. I'm now wondering if actually it was a reference for another property (he was fairly adamant it was unlikely I'd be contacted). I actually turned down a mate who really wanted to rent the place in favour of this muppet. Should I persue him through the courts for the remainder of the rent? I'm fairly certain had I turned around and said "I've found someone who'll pay more, you've got two weeks to leave" he'd hold up his copy of the agreement and inform me I can't actually do that so why he thinks he can I don't know.
I've been in a similar situation. It would be a very straightforward court process; register claim, using copy of the tenancy, Court will rule against the tenant. Making him physically pay may be another issue.
Compromise may be that you readvertise the property, current tenant remaining liable for the rent until it is let.
Compromise may be that you readvertise the property, current tenant remaining liable for the rent until it is let.
I would suggest you give the tenant the benefit of doubt, and seek an agreement with the tenant that you will attempt to re-let the property, and that when you have re let the property, and the new tenant moves in, only then AND only then will you accept termination of his/our Tenancy Agreement.
Mean while if your tenant vacates the property, neither accept the return of the property’s keys, or replace any locks to the entrance doors of the property.
I am pretty certain that should you follow the above course of action, and then not re let the property until 3 months time, and need at that time to take the present tenant to court for the said rental arrears, then the court will be able recognise that the plaintiff Oakey has been reasonable in his actions, and will find against the defendant/tenant.
Mean while if your tenant vacates the property, neither accept the return of the property’s keys, or replace any locks to the entrance doors of the property.
I am pretty certain that should you follow the above course of action, and then not re let the property until 3 months time, and need at that time to take the present tenant to court for the said rental arrears, then the court will be able recognise that the plaintiff Oakey has been reasonable in his actions, and will find against the defendant/tenant.
Edited by Wings on Wednesday 16th December 18:13
The smoking gun in all this is his Facebook profile has messages between him and his girlfriend saying things like "Can't wait till we move in together" (she currently lives with her parents) that they've been posting over the last week. I may take a screenshot and use this as evidence if necessary.
ETA: Wings, what if he just posts the keys through the door? He's saying he's going to his parents (They live in the Midlands) for Christmas and he'll pay that weeks rent into my bank account whilst he's there. I've got a feeling this is when he's going to do his moonlight flit and screw me out of a weeks rent to boot.
ETA: Wings, what if he just posts the keys through the door? He's saying he's going to his parents (They live in the Midlands) for Christmas and he'll pay that weeks rent into my bank account whilst he's there. I've got a feeling this is when he's going to do his moonlight flit and screw me out of a weeks rent to boot.
Edited by Oakey on Wednesday 16th December 18:15
There is nothing one can do about keys being put through door, but the tenant is still held accountable for the rent, that is up and until you have re-let the property. You must in no way accept any termination in the Tenancy Agreement until you have re-let the property, so put nothing in writing, and clearly retain/hold evidence in the mean while of re-letting the property.
I take it you know the details of a contact address for his parents or girlfriend, if not try to obtain as much information on the tenant, car registration number, bank details etc. etc.
Give no clear indication at this point in time that you will take rental arrears to the courts if the same is not settled, so presently attempt to amuse the tenant, hoping that the same will not make the tenant put his guard up.
Funny, your post reminded me once of a tenant doing a runner, I said to the wife follow the removal van, thinking that the van would off load the tenant’s goods in another part of Bristol (us being Bristol based). Wife later phoned me, “I am in Luton need to get fuel, so going to loose the removal van”, bless her LOL.
I take it you know the details of a contact address for his parents or girlfriend, if not try to obtain as much information on the tenant, car registration number, bank details etc. etc.
Give no clear indication at this point in time that you will take rental arrears to the courts if the same is not settled, so presently attempt to amuse the tenant, hoping that the same will not make the tenant put his guard up.
Funny, your post reminded me once of a tenant doing a runner, I said to the wife follow the removal van, thinking that the van would off load the tenant’s goods in another part of Bristol (us being Bristol based). Wife later phoned me, “I am in Luton need to get fuel, so going to loose the removal van”, bless her LOL.
Facebook has tripped up many a stupid liar.dudleybloke said:
at least he's getting out before he gets behind with the rent. best option is just look for a new tennant and put this behind you.
its a lot better situation that some landlords have found themselves in.
The issue is I don't think the rent is really the problem. I offered to lower it to £125 a week and I even gave him the details of three mates companies who were offering Telesales jobs paying decent money, none of which he was interested inits a lot better situation that some landlords have found themselves in.
Have you actually spoken to him and explained his obligation and the predicament it would leave you in? Surely it would be better to try and come to some sort of amicable agreement/conclusion. For sure a court would side with you, but after alot of effort and time to win you will still have the effort of actually getting the money out of him. It might be better to cut your loses now, save the aggro and turn it around to someone else ASAP.
Agree, but not at any financial loss to the OP.
Having been a landlord for over 15 years, I have had similar situations to what the OP has posted, and yes the OP should set out in writing to his tenant, on what the tenant’s legal and moral obligations are.
The OP can say nothing to the tenant now, that will stop the tenant from changing his mind from breaching the tenancy agreement and moving in with his girlfriend, so the OP needs to appear to accept the situation, and gather as much information/data about the tenan, for possibly any further course of action that may need to be taken.
As I mentioned in another post, if the OP makes a reasonable attempt to re let the premises, then both the Court and the tenant will/must accept that the tenant for breaching the tenancy agreement, must be held accountable for any rental arrears, up to when the premises are re let.
Having been a landlord for over 15 years, I have had similar situations to what the OP has posted, and yes the OP should set out in writing to his tenant, on what the tenant’s legal and moral obligations are.
The OP can say nothing to the tenant now, that will stop the tenant from changing his mind from breaching the tenancy agreement and moving in with his girlfriend, so the OP needs to appear to accept the situation, and gather as much information/data about the tenan, for possibly any further course of action that may need to be taken.
As I mentioned in another post, if the OP makes a reasonable attempt to re let the premises, then both the Court and the tenant will/must accept that the tenant for breaching the tenancy agreement, must be held accountable for any rental arrears, up to when the premises are re let.
I have a mate who had a tenant in one of his properties who ended up in a similar situation. Tenant wanted to move, mate tried to make him pay full notice. Tenant disappeared without even leaving the keys. When he was finally able to access the property, he found the whole place had been trashed.
When the chap was eventually tracked down and dragged to court, they made him pay a frankly pathetic amount per week.
To be honest you might be better off just letting the guy go and finding someone else if it makes life easier and gives you back your property ready to go.
When the chap was eventually tracked down and dragged to court, they made him pay a frankly pathetic amount per week.
To be honest you might be better off just letting the guy go and finding someone else if it makes life easier and gives you back your property ready to go.
Edited by davidspooner on Thursday 17th December 16:56
It's the principle of the matter. If I had turned around and said "Look, I've found someone who will pay more, you have two weeks to leave" he'd scream blue murder and hold me to ransom with the tenancy agreement. Not only that, I just wouldn't have done it.
Also, given the fact he secured the property under false pretences by telling me he had a secure, well paid job I don't trust the idiot one little bit. He now claims he's fed up with Telesales thanks to the guy he lied about working for and that he's moving back to his parents, conveniently on top of this his previous employer (he did office admin for a transport company) whom he left a year ago has offered him his old job back. Just like that, what a stroke of luck!
The three companies who offered him a job are all decent companies, unlike the guy he was currently working for, and they all offered him a decent basic (£50 a week more than he's on now) and comission. He declined because "I've had enough of Telesales", an excuse he originally used when he told me he'd quit Telesales to work in Admin for this government company he claimed to be working for when he wanted to rent the property.
Whilst I may not get the money out of him by taking him to court, I know what a nightmare it'll cause him to have a CCJ against his name. Some small compensation for the trouble he's now caused me. Two weeks notice over the Xmas and New Year period, a time it's unlikely anyone will be looking to move, is quite frankly, taking the piss.
Also, given the fact he secured the property under false pretences by telling me he had a secure, well paid job I don't trust the idiot one little bit. He now claims he's fed up with Telesales thanks to the guy he lied about working for and that he's moving back to his parents, conveniently on top of this his previous employer (he did office admin for a transport company) whom he left a year ago has offered him his old job back. Just like that, what a stroke of luck!
The three companies who offered him a job are all decent companies, unlike the guy he was currently working for, and they all offered him a decent basic (£50 a week more than he's on now) and comission. He declined because "I've had enough of Telesales", an excuse he originally used when he told me he'd quit Telesales to work in Admin for this government company he claimed to be working for when he wanted to rent the property.
Whilst I may not get the money out of him by taking him to court, I know what a nightmare it'll cause him to have a CCJ against his name. Some small compensation for the trouble he's now caused me. Two weeks notice over the Xmas and New Year period, a time it's unlikely anyone will be looking to move, is quite frankly, taking the piss.
Absolutely agree, give the tenant no reason to believe that he is not responsible for the rest of the term/rent of the completion of the tenancy agreement.
ONLY change door locks, when you have received the tenant’s NOTICE in writing, this is a must, to ensure that the tenant is not involved in a type of scam against you.
ONLY change door locks, when you have received the tenant’s NOTICE in writing, this is a must, to ensure that the tenant is not involved in a type of scam against you.
He hasn't given me anything in writing and I haven't actually agreed to him leaving. We've discussed it and I've let him know that two weeks isn't reasonable notice, we have an agreement, I'm not happy with the situation and that I turned down someone else in favour of him and he's now leaving me in an awkward position but at no point have I said "yeah that's fine". I've just kind of entertained him as someone here advised to do.
Another inconvenience he's caused me is that when he moved in the lounge needed some work doing to it (repainting, new light fittings, new flooring). A fact he was aware of when he wanted to take the place on. I told him I'd have the room sorted within about a week. Unfortunately at the time I'd gaiven him the only key so he could get moved in, after which I repeatedly asked him on a daily basis for 7 weeks if we could go and get another key cut so that someone could come in and do the work whilst he was out at work. This request was continuously met with excuses which I'd later find was because he didn't want me to know he was working from the property. I've now got a key and the work has begun but, again, I'm now going to be rushing to get it finished over Xmas so the property is presentable to be let out. This job should have been done weeks ago but hasn't because of this f
king tool!
Another inconvenience he's caused me is that when he moved in the lounge needed some work doing to it (repainting, new light fittings, new flooring). A fact he was aware of when he wanted to take the place on. I told him I'd have the room sorted within about a week. Unfortunately at the time I'd gaiven him the only key so he could get moved in, after which I repeatedly asked him on a daily basis for 7 weeks if we could go and get another key cut so that someone could come in and do the work whilst he was out at work. This request was continuously met with excuses which I'd later find was because he didn't want me to know he was working from the property. I've now got a key and the work has begun but, again, I'm now going to be rushing to get it finished over Xmas so the property is presentable to be let out. This job should have been done weeks ago but hasn't because of this f
king tool!Oakey said:
Whilst I may not get the money out of him by taking him to court, I know what a nightmare it'll cause him to have a CCJ against his name. Some small REVENGE for the trouble he's now caused me. Two weeks notice over the Xmas and New Year period, a time it's unlikely anyone will be looking to move, is quite frankly, taking the piss.
EFADoesn't anyone just chalk things up any more?
Pothole said:
Oakey said:
Whilst I may not get the money out of him by taking him to court, I know what a nightmare it'll cause him to have a CCJ against his name. Some small REVENGE for the trouble he's now caused me. Two weeks notice over the Xmas and New Year period, a time it's unlikely anyone will be looking to move, is quite frankly, taking the piss.
EFADoesn't anyone just chalk things up any more?
What if he'd decided to stay, but just wasn't going to pay me? Can I just throw him out? No, of course not. So why should he just walk away scott free?
Edited by Oakey on Thursday 17th December 18:19
Oakey said:
Pothole said:
Oakey said:
Whilst I may not get the money out of him by taking him to court, I know what a nightmare it'll cause him to have a CCJ against his name. Some small REVENGE for the trouble he's now caused me. Two weeks notice over the Xmas and New Year period, a time it's unlikely anyone will be looking to move, is quite frankly, taking the piss.
EFADoesn't anyone just chalk things up any more?
What if he'd decided to stay, but just wasn't going to pay me? Can I just throw him out? No, of course not. So why should he just walk away scott free?
Edited by Oakey on Thursday 17th December 18:19
1. you let him go, he pays you as he said he would, you put the place back on the market and re-rent it fairly quickly, if it's any cop and worth what you want for it (is your mate still interested, perhaps?)
2. you let him go and he doesn't pay you, but the rest proceeds as above.
3. you take it through the courts, waste a lot of your own time, get stressed, make an enemy for life, maybe get 5 quid a week off him as he'll easily be able to plead poverty etc. still have to rent the place out again (back to 1 again)
I'd choose 1. I reckon. 2. wouldn't hurt you that much either I'd bet. You honestly sound like you're pissed off and want revenge. He will not learn anything from scenario 3 and I doubt it will actually make you feel any better about the experience.
All of this is merely an opinion, do keep us posted on what you do and what the outcome is.
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