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Original poster

“Not allowed” to travel back home during lockdown?

50 replies

JurassicMermaid · 18/01/2021 20:05

Received an email from my tenants today asking for a rent reduction on the flat they rent from us in London. They both travelled back home to their respective parents elsewhere in the UK before Christmas and have not returned to the flat. They say that contributing to rent and bills at home is making meeting the rent difficult. Does anyone know if, under the current lockdown rules, they are allowed to travel back to their primary residence - the flat- or whether they have to stay put at their parents? I’ve looked at Govt. website but it’s not clear to me. Thanks.

OP posts:
Butterflyfluff · 18/01/2021 20:09

Even if they’ve made their parents property their primary residence in the short term doesn’t mean they can expect to pay less for your property - that was their choice

Having said that, if they just stop paying altogether you’ll have to evict them which is an expensive process

Indecisive12 · 18/01/2021 20:10

Even if they could it’s not your fault is it, they’re being cheeky. Even under tier 2 they shouldn’t have been travelling to stay with others and would have known it was a risk. Plus they could have travelled home in the hours before the new rules came in. Cheeky buggers

Original poster
JurassicMermaid · 18/01/2021 20:13

Thanks @Butterflyfluff. I’m just trying to understand if they are even allowed to return to the flat at the moment or whether they are exercising choice to remain at their parents. We are not unsympathetic but just trying to understand what their options really are.

OP posts:
MzHz · 18/01/2021 20:13

Surely you have legal cover on your landlord insurance? What do they say?

Butterflyfluff · 18/01/2021 20:15

I can’t see how you can be prevented from returning to your primary residence

What they have done wrong is leaving it in the first place and making themselves liable for rent elsewhere

Original poster
JurassicMermaid · 18/01/2021 20:20

Going to look at the insurance tonight @MzHz, thanks for reminding me. I think they are exercising choice not to return but am mindful as @Butterflyfluff says if they stop paying altogether, eviction is costly and protracted. Can’t evict someone who isn’t there though.....

OP posts:
MRex · 18/01/2021 20:21

They can return, they shouldn't have left and they're liable for the rent regardless. They actually shouldn't be staying away from home unless they're physically unable to access.their property, so they ought to return to the flat. Ask them to confirm in writing the date they left the property to travel for an overnight stay with a third party because you thought there wasn't a point when that was legal.

Diorissimo1985 · 18/01/2021 20:22

How far did they travel OP? If to Scotland, for example, then I think that’s not permitted to travel to England?
However if elsewhere in England then I would say they can return to their primary residence. They’re being cheeky!

hallamoo · 18/01/2021 20:24

Are they students? Students were allowed to travel home for Christmas and in most cases have been advised not to return in person to uni.

ShanghaiDiva · 18/01/2021 20:24

I believe they are allowed to return. My ds is a student and could return to his rented house, but not move back and forth between our house and his as this is unnecessary.
We have a similar situation as we are paying rent on a student house. It is, however, ds’s Choice to remain with us and there should be no financial detriment to his landlord imo.

Original poster
JurassicMermaid · 18/01/2021 20:24

@Diorissimo1985 Both are in England.

OP posts:
Buzzinwithbez · 18/01/2021 20:24

I think there may be a clause in the tenancy and with your insurance or mortgage that the house must not be left empty for a longer than a certain amount of time.

Original poster
JurassicMermaid · 18/01/2021 20:25

@hallamoo Not students, no.

OP posts:
Original poster
JurassicMermaid · 18/01/2021 20:27

@Buzzinwithbez That’s a good point about leaving the property unattended. It’s only been about three weeks or so at this point but will check the contract. Thanks.

OP posts:
AcornAutumn · 18/01/2021 20:28

I'm not sure why it's a factor

But yes, they are allowed to travel to their home. So if they cant afford to pay their parents and you, they should damn well get home and pay you.

If they have decided to effectively move out, they have done so without giving notice and are fully liable for paying you.

ouchmyfeet · 18/01/2021 20:28

They are cheeky swines. Surely their contributions wherever they are now are offset by the lack of gas and electricity that they're not using at your property.

I'd tell them to do one, they're just chancing it to see if they can get a discount. I'm raging on your behalf

Palavah · 18/01/2021 20:30

Of course they are allowed! Does anyone honestly think that the regulation intends or doesn't provide for people returning to their primary place of residence after a rule change?

They are contractually committed to pay rent anyway.

Original poster
JurassicMermaid · 18/01/2021 20:37

@ouchmyfeet Thanks but please don’t get your blood pressure up for me! They are new-ish tenants and I have found their attitude to be a little cheeky. We have references from ex-tenants about how responsive and human we are so I don’t think I’m reading them wrongly. Their income is a mixture of base and commission so suspect that reduced income is more of a factor than being forced to pay their way at home but of course, I could be wrong about that.

OP posts:
ign0re · 18/01/2021 20:44

I’ve heard a lot of this.
I think you can be sympathetic to them but as it sounds like it’s perfectly legal for them to come back!
Our friends asked their landlord for a reduction when my friend lost her job, and her landlord said unfortunately she had lost her job and now this was her main income they couldn’t afford to reduce rent- fair enough.

Our other friends were offered a rent holiday type thing... where it would be reduced for a few months but they’d then pay that back eventually. They decided against it as they didn’t want to have to deal with higher rent further down the line when their situation might be much worse.

Couple of ideas how you can go there!

mumwon · 18/01/2021 20:44

point out that missing out on rent will be unfortunately be breaking their contract &
Oh gosh-you write- as its midwinter I will have to check the property because of the insurance in winter the property needs to be checked for freezing & leaks if its unoccupied - my insurance won't protect the property unless I check
Than see what they say

bluecheesefan · 18/01/2021 20:46

They (and their parents) are taking the absolute piss.

Why are the parents making them pay rent in a situation like this?

goodnightsugarpop · 18/01/2021 20:46

Seems like a bit of weird reason to ask for a rent reduction? I could see it if they'd lost their jobs, or were waiting for housing benefits to come through, or if they had caring responsibilities elsewhere... but I'm not sure why they need to be out of town paying rent on two places. Maybe contact them and ask for more info?

ign0re · 18/01/2021 20:51

I reckon they’re just chancing it - don’t ask don’t get!

sofiaaaaaa · 18/01/2021 20:54

You’re under no obligation to reduce the rent

HOWEVER

If they can’t afford the rent, and to avoid further problems in the future (I mean, do you really want to have to wait a year to legally be able to evict them due to pandemic delays, and then have to chase up any non-payment with no guarantee of recollection?) maybe you should end the tenancy early. Then you can cut them loose and rent to new, more secure tenants

sofiaaaaaa · 18/01/2021 20:56

To clarify - ask if they want to end the tenancy contract early and move out, and don’t penalise them. It’s the easiest way for you to get rid of them and prevent the situation from potentially becoming more stressful