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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

AIBU to say no to my tenant

37 replies

Tweennightmare · 09/02/2019 15:24

We are landlords who rented our house out on a fixed one year contract with no break clauses. They are now. 4 months into that contract . The tenants rang us last night and said they have found somewhere to buy and would like to break the contract 4 months early in May. They have agreed to pay any charges and do viewings to get other tenants in. Ordinarily we would be fine with this however our life is quite complicated at the moment and we potentially may have our eldest who is finishing uni this year bouncing back to us. If this happens we would probably move back to the rented house so would not want to re rent the house . However any move would not take place before August earliest as he is away until then and we were originally working on just squashing in in our present house until the contract finishes in October if need be. so as a result we could potentially be missing out on 2/3 months of rent as the house would be empty from May. Would I be unreasonable to say the tenants can’t break the contract until the end of July (this would still be 2 months earlier than contract) which would suit our timeline. Obviously in the meanwhile if things change and it looks like we will be re renting the house ( ie DS gets a job somewhere else) we could then return to the May deadline wanted by the tenant

OP posts:

FredFlinstoneMadeOfBones · 09/02/2019 15:27

I think the July idea sounds OK. I had to to do the same when I bought a house and was renting. Although expensive it was useful to have a decent period of time to move stuff over and repaint walls etc.

PersonaNonGarter · 09/02/2019 15:29

You have to agree though, sorry. They’ll move out anyway and stop paying you. Try to keep on good terms with them and compromise.

Eliza9917 · 09/02/2019 15:32

They signed a contract, they pay the rent until the end of the contract.

Or factor that cost into exit fees.

Malbecfan · 09/02/2019 15:33

I think they are being quite fair talking to you now. The consensus seems to be not to give notice on rental property until contracts have been exchanged as there can easily be slippages in timelines even with the most "straightforward" house purchases. Them wanting to move in May could easily slip to July, which would then be fine with you.

I also believe in what goes around comes around; is there a compromise to be made which gives them time to move in, and you agree to letting them off a couple of months early?

londonrach · 09/02/2019 15:34

Legally you right. Morally well thats up to you. My dh and i were in a similar situation. Suddenly after 10 years of renting (different places) we had a window where we could buy but were in a years contract. If we didnt buy then we never buy and we couldnt afford rent or mortgage. So i spoke to the landlord and explained the situation. My grandparents had sadly died but left us a deposit. He was amazing kind guy who Allowed us to give a months notice and due to his kindness to be flexiable that we were able to leave the rent trap. We left the house spotless and allowed viewings when needed. House relet first viewing. If he hadnt have done that we still be renting as houses shot up again after we exchanged.

Original poster

Tweennightmare · 09/02/2019 15:35

persona they will be in breach of contract (contract is until October) though so I could sue if they stopped paying us. There is no break clause so they are contracted until October . my compromise was July as that is 2 months earlier than the contract but 2 months later than they wanted. Otherwise we will be taking the hit of having an empty house and no rent until August (or we know our plans better and re rent the house)

OP posts:

sonjadog · 09/02/2019 15:36

I think that is a fair compromise.

SpanielEars070 · 09/02/2019 15:36

I think they've been fair letting you know this far ahead. House sales can take forever and they may end up seeing out the whole contract. I'd let it ride and see what happens.

londonrach · 09/02/2019 15:36

We did consider that if he hadnt agreed we have to either give up our dream of buying or just leave and forfit the deposit. Luckily he was a reasonable ll and understood the situation.

fatoneatthegym · 09/02/2019 15:37

If you say no, chances are they'll move out and stop paying rent anyway, regardless of if you've given them permission or not.

Doglover3488 · 09/02/2019 15:37

I'd say the tenants are being very reasonable to pay any charges and do viewings to get new tenants in.

I realise it's not convenient for you right now, BUT you do have the option of re-renting the house, you just don't want to. That's kinda your issue not your tenants...

I own and let out a property and also rent a house...so I can certainly see both sides. If your tenants have been great overall I think you should let them leave the contract.

Dusktilldawn100 · 09/02/2019 15:38

I think it's fair to say that they pay you rent up until July.

Original poster

Tweennightmare · 09/02/2019 15:40

London ordinarily if we didn’t have this cloud over us of what to do with the house we would absolutely let them break the contract in May. As I wouldn’t care who the tenant is and they have given us good notice . It’s the fact that we are not sure what is happening with the house and so would not be able to get a tenant in before August and we know what our (DS ) plans are so we are effectively out of pocket for at least 2 months of rent

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CrimpBrunette · 09/02/2019 15:41

I'd let them terminate early. As PP have said, the house sale date could easily slip. It's also nigh on impossible (and expensive) to try and get money from a tenant who's not willing to pay up. Could you start getting viewers in now? If you're doing them a big favour they're more likely to reciprocate.

Original poster

Tweennightmare · 09/02/2019 15:43

The tenants have only been in since October so had to judge wether they are good or not. I guess if they had been in longer I may have been more open to flexibility

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Aprilshowersarecomingsoon · 09/02/2019 15:44

You know the place will be spotless for potential new tenants and no hassle leaving. That's worth a canny penny!!

Jess74 · 09/02/2019 15:45

I'd just let them leave and have done as much in the past. It's not ideal but it's life. Have you considered slotting a short term let in there for the interim. You'd get alot more rent and you'd be surprised on the number of people who want to do it.

Original poster

Tweennightmare · 09/02/2019 15:52

Paying the charges of relet if the contract is broken is written into the contract (assuming we agree to break the contract). Don’t forget they have only been in the property 4 months . Like I say if it was a straight relet I would absolutely agree to them breaking the contract . It’s just our messy situation but I have concerns myself wether the tenants would pay the rent after May and can do without the hassle. It may be easier to relet the property in May and rent somewhere else for DS if needed

OP posts:

Aridane · 09/02/2019 15:53

I realise it's not convenient for you right now, BUT you do have the option of re-renting the house, you just don't want to. That's kinda your issue not your tenants...

We, it’s exactly the tenants’ issue since they are the ones wanting to break the lease and leave early!

ConfCall · 09/02/2019 15:53

They may just move out. You could sue, but it would be a nuisance.

I'd ageee to their suggestion. They may end up being there until June or July anyway, we all know what conveyancing can be like, and if that's the case you've got what you want plus a ton of goodwill (their allowing viewings if necessary, keeping it tidy, gardening, cleaning it thoroughly at the end etc).

Original poster

Tweennightmare · 09/02/2019 15:54

Actually Jess I hadn’t not sure if there is the market here (not in London) and it’s unfurnished but worth exploring

OP posts:

Oysterbabe · 09/02/2019 15:56

I'd suggest July but otherwise just let them leave, they probably will and stop paying anyway. Yes you could sue but who can really be arsed with that?

mushroom3 · 09/02/2019 15:56

You may be able to find a short term let eg someone who is having their house renovated. I know where we live rentals for 3-4 months are really in demand and people will pay a premium for them.

Oysterbabe · 09/02/2019 15:57

You could air bnb it for a few months.

WeBuiltThisBuffetOnSausageRoll · 09/02/2019 15:58

Legally, you are completely in the right and they should do their best to honour the agreement they signed up to, but I don't think they're being unreasonable in the way you seem to think they are (apologies if I've misconstrued that).

Buying a house isn't like buying a TV - you can't just choose a day that suits you, walk into a shop with some money and then walk out with it a little bit later. Even if buying a TV were a more drawn-out process, you can go a few months without a TV if necessary - having nowhere to live for a few months is a bit more complicated.

From your POV, they agreed to rent your place for six months, but from their POV, if they ever want to be able to own their own home, they'll never manage to magically make finding the right one for them and all of the legal and moving processes for everybody in the chain happen on the same day - or even in the same month.

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