To let our tenants leave early

[FreightTrain]

I own a flat that I rent out. Current tenants have been in the property since March and signed a 12 month tenancy agreement.

They're not great tenants and we have had a bit of trouble between them and the upstairs neighbours (we lived in the flat until recently so know the neighbours well, our tenants are at fault). Since these issues arose, I have been of the mind that I'd like them to move out at the end of their tenancy.

They have now asked to terminate their tenancy early. Letting agent have suggested one month's rent termination fee and they are responsible for rent until the property is re-let. I've spoken to them about this and they are resistant to this and basically want to move out with two months notice.

DH and I run a business and have a newborn baby. Basically I have a lot on and limited headspace. The tenants are hard work and I can't be arsed with holding them accountable and having the anxiety of dealing with them being difficult for the next two months. Therefore, I'm inclined to just let them leave, re-let the flat and let the letting agent manage it next time! However, it will cost us the same amount as the termination fee to re-let it, so DH wants to make them pay. We have a deposit and guarantors for both tenants, so actually getting the money won't be an issue, but I'm apprehensive about how they might behave if we stand firm.

It's my flat but we do have joint finances so it impacts both of us, we can't really afford to take the hit, but would manage.

AIBU to just let them leave without paying fees? WWYD?

What does the lease say re costs?

My son's tenancy agreement says that he can terminate early, but must pay rent until a new tenant moves in AND pays the estate agent fees for finding the new tenant and new tenancy agreement costs. So basically, he can move out if he wants, but it won't cost the landlord anything!

I think you need to stick with what the tenancy agreement provides for. You shouldn't be out of pocket yourself. But then again, what is it worth to you to get rid of them? You may want to bear some of the costs just to avoid the stress/hassle of them!

Let them leave without extra fees or don't, neither is unreasonable depending on what you can be arsed with. You're allowed to sacrifice money for the sake of an easier life if what's what you want to do.

If you insist on the penalty, rent during void and costs to re-let, are you likely to get that money from them in the end and how much will the deposit cover if they disappear and don't pay up?

You can pursue them for the rest if you want to extra hassle but how much you realistically get and over how long needs to be factored in.

There's also the danger of shit tenants leaving damage behind. Have you had any inspections to see how they keep the place so far?

Again, weight up the risks. There's no way someone can tell you you're being unreasonable here. I think what you're asking is "am I stupid to give them an easy ride and potentially lose money?" and the answer is the same. No. Pick your battles according to your own needs.

You can also negotiate somewhere in between. 2 months notice plus one month termination? Two months notice plus re-let fees? It might be the unknown of being responsible for rent until you get it let again that's putting them off.