Tenant trying to end fixed term early

[slithytove]

And the management company are trying to persuade the landlord to allow it. The tenants also want to leave the deposit in lieu of the last months rent.

Any advice on how to deal with this? I'm asking on behalf of the landlord.

Tenancy ends in June. Break clause in contract states 2 months notice is required. Tenants only want to give one.

Can they do this, and can the management company force the landlords to accept it?

No they can't and nor can the deposit be kept in lieu as it should be in a deposit scheme. They could however negotiate on the notice if it suits them.

Who can do the notice negotiations if the landlords don't want to?

And if the management company accept the early notice, are they liable for costs to the landlord?

Tenants are moving abroad so won't be able to chase them in court

Deposit is in scheme, so what happens if they leave without paying rent?

Just thinking about this in a slightly different way: are the tenants moving abroad due to job relocation? If so is the company offering the new job also offering a relocation package? If it is, then paying the last month's rent to end the tenancy is a relocation cost and the new employer should fund it.

Your friend the LL should get some legal advice if they are not happy with the way the managing agents are dealing with things. The agents will just be thinking they can relet and get a fat fee. An alternative would be to accept the shortened notice period on the understanding (in writing) that the agents do not charge the LL a fee for finding new tenants. They might see it differently then.

deposit is NOT for paying the last month's rent, it is for damages. Once they've left the country there is NO chance of getting anything off them. This tactic indicates that there may be damage, when was the place last checked?

TBH I'd let them go, but they MUST pay the last month's rent. They'll be leaving soon anyway so let them out early and start remarketing. If there's no damage they get their deposit back.

and sack the managing agents, the decision is with the landlord.

It's not relocation as far as we have been told. Family member had just had the all clear from cancer and wants to return to home country.

Management company/agents are getting sacked though they don't know this yet.

I had tenants leave early - we only let them when we had new tenants lined up. They couldn't have kept paying the rent so better to let them go in my opinion.

I would agree to let them finish early, but not about deposit

What do you mean SueChef?

Finding the mortgage will be a huge stretch without rent. It's £4000 a month.

Landlord lives abroad and was scheduled to return May to deal with the flat - redecorate and find new agents and tenants ready for contract end in mid June.

Can I ask why some of you think they should forgo minimum one months rent?

The agents are crap so no idea when the last check was, but over a nearly 2 year tenancy, the tenants have caused a lot of damage.

I'm afraid that being able to cover the mortgage in void periods is something that landlords need to factor into their business.

it also sounds like the landlord was planning to redecorate with the tenants in situ. People who are leaving don't tend to like that and could refuse access; which they are perfectly entitled to do.

yes, the agents are crap, but why weren't the visits chased up? (My agents did this to me when I was abroad) Being abroad does not allow you to ignore your UK business, or you are more open to this kind of thing.

I hope the landlord has malicious damage insurance, sounds like they will need it. Given the destructive tenants and the fact that they will be out of reach of the legal system once they leave the country, it would be better to cut losses and get them out. They could (WORST CASE) destroy the place if they feel aggrieved.

sorry - but I really suggest get them out (with them paying rent up to the day they leave, NOT from the deposit) and get a competent checkout clerk in who will spot the damage.

I'm a landlord and I make no excuse for these rogue tenants; but landlords need to protect themselves.

Yeah the timing sucks, the landlords - my parents - have just retired and are in the process of remortgaging for a much lower monthly sum. They are also living off pension now instead of salary. They can afford the mortgage but it's a stretch at short notice, and in fairness, the tenant should be paying their rent!

I know it is a business, but they didn't choose to become landlords, they were moved abroad with work and have a life there which is in turmoil right now.

Mum wasn't going to decorate in situ, she was going to make sure she was in the uk to find a new agent and tenant, to inspect, and was then going to redecorate and replace some stuff between tenancies. Difficult for her to get to the uk before may.

I will ask about relevant insurances.
My parents have been crap letting the agency get away with loads, no question. But they are trying not to let them get away with this. There won't be a managing agent in future, just an agent to find a tenant and set up the initial agreements.

If they are allowed to leave before May, my parents will be out money, it's as simple as that.

If they give the 2 months notice required by break clause, they are still leaving a month early, but my mum can make it work.

presumably your parents are returning to the UK and will be living near to the property? If they are planning to manage it themselves they need to be on fairly constant call, not 24 hour but they can't leave tenants to wait for two weeks before they do anything.

I thought it was being relet straight away, didn't initially know about the (major?) works needed.

it sounds like they will have to try to hold the tenants to the 2 months. As before, rent gets paid to the end and deposit is returned if no damage, which sadly does not sound likely.

I hope it all works out.

I'll be managing it for them in as much as I'll ring plumber/electrician/British Gas when needed.

Parents not moving back, if they did they would sell up as mortgage not sustainable now retired (forced retirement btw).

It's not major works - clean, repaint, replace white goods. It'll take a week max.

Thanks for your help and kind words

Up to you if you want to agree or not. Don’t agree to the deposit being used as rent though, you’ll have nothing left for damage.

OK - make sure you have landlord home emergency cover, it's not expensive and covers all the things you list. Keep the contact details with you wherever you are.

Check the place out after a month and then every six months (with notice and tenant agreement of course).

the really really obvious: there is lender permission to let, suitable landlord insurance with malicious damage and legal cover, rent guarantee (which it sounds like you badly need) and gas safe cert.

Parents have decided to sell :)
and hopefully buy a house near me

Something to do with new capital gains rules being implemented soon?

the obvious solution that I didn't dare suggest.... thank goodness for that.

CGT was going to be an issue - the allowance for rented-out properties was cut in the last couple of years and is an obvious target to be done again. And even as a landlord I say 'fair enough'.