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Original poster

Outgoing tenants struggling to find property

19 replies

ilovewinterpansies · 02/07/2021 05:44

I have tenants who asked for us to agree to a shorter notice period of 2 months (not 3). They said they'd like to leave mid-late July. I agreed immediately - they're nice tenants and we've had a good relationship throughout the 3 years of their tenancy.

I put the flat on Openrent and was overwhelmed with interest. Chose a great new tenant and signed all papers/had deposit etc for 1 August start.

Now my existing tenants are struggling to find another property. Landlords are asking for minimum income etc. Competition is fierce.

Yes I know they should have found something before (I'm aghast at their stupidity to be honest, they have two young children and another on the way - why give notice before securing your onward rental?! Now I feel stupid for not waiting for them to do so!)

Now what?! I have new tenants who have given notice on their current property and are expecting to move in on 1 august. I want to do the right thing for everyone but clearly I have a problem.

Where does everyone stand legally? Remember it wasn't me to gave notice - I was very happy for them to stay! Argh such an unnecessary situation.

OP posts:

Ravenspeckingontheroof · 02/07/2021 06:04

Surely your tenants need to go? They can stay in an Air bnb or a hotel (clearly not ideal), but it’s not your responsibility to sort out their problem.
What contracts have been signed?

Original poster

ilovewinterpansies · 02/07/2021 08:13

@Ravenspeckingontheroof yes that's my position and what I'm saying to them (politely) and in fairness they are trying their best to find somewhere. But they seem to be struggling and I'm just wondering what my position is if they fail to find another property.

Agree the hotel or air bnb but they have a 4 and 1 year old and the mum is pregnant with no 3 and they have loads of stuff....logistically it's so difficult and I feel awful for them but I can't help thinking it's their own bloody fault!! And my new tenants are relying on this property - I can't mess them around.

They have a month - surely this is enough time?! I've been lucky to have never rented so I don't know.

OP posts:

ParkingFeud · 02/07/2021 11:50

That's rubbish for all of you. We rent and are too scared to ask about repairs because if we get told to leave there is hardly anything about to move too. The housing situation in this country is so so shit.

daisyphase · 02/07/2021 12:32

I'm pretty sure I've read on a landlord website before now that this is actually quite bad for you. You will have to put up the new tenants in a hotel until they can get in to your place. You can try to recover from your departing tenants, but we all know how hard and long that process is.

DownUdderer · 02/07/2021 12:41

You need to be telling the new tenants your problem.

CustardyCreams · 02/07/2021 12:50

If your tenants have given you written notice in compliance with the contract and stated a leaving date, and if you agreed to that in writing, I think legally that does NOT put you in a difficult position.

What happens if you manage to delay the date with your new tenants and then the sitting tenants find somewhere at short notice and want to move out faster again?

I think you can tell the tenant that you are very sorry for the position they are in, but they gave you a fixed date and you have another tenant moving in. They will have to store their stuff and find short term accommodation.

It really is not your responsibility to worry about their kids and predicament. Although it is very nice of you.

AOwlAOwlAOwl · 02/07/2021 12:54

The problem comes when your existing tenants don't move out because they have nowhere to go.

I am not a landlord but I would be talking to your new tenants and suggesting they continue to look for a property and if they do you will give them back their deposit.

Your current tenants have put you in a dreadful position.

Beeeeeeeeeeeeeep · 02/07/2021 13:22

You shouldn't have signed anything with new tenants until the property was vacated. There is ALWAYS a risk that tenants won't leave on time. You have zero recourse to make them leave.

Beeeeeeeeeeeeeep · 02/07/2021 13:22

@CustardyCreams

What happens if you manage to delay the date with your new tenants and then the sitting tenants find somewhere at short notice and want to move out faster again?

It really is not your responsibility to worry about their kids and predicament. Although it is very nice of you.

She can say that all she likes but she can't enforce it.

Original poster

ilovewinterpansies · 03/07/2021 19:02

Plot thickens. Just had a call for a reference from a prospective landlord and they asked me if I knew about my tenant's CCJ.

I said erm no.

Spoken to the tenant - a CCJ was entered 12 months ago and the debt is being repaid through an IVA. These guys are never going to find anywhere are they?

So pissed off that they've put me in this position. But also feel for the lady tenant who had no idea her husband was an idiot and she's pregnant with child no 3.

No idea what to do now in respect of the new tenants who don't have a clue. They seem so lovely and they've given notice to their landlord. I feel terrible about this.

OP posts:

DelilahDingleberry · 03/07/2021 19:05

People get rentals with adverse credit history but it’ll be easier if they can pay 3 or 6 months up front. Very odd to give notice before securing somewhere. I’d let your new tenants know ASAP, perhaps they can stay out for a little while longer?

DelilahDingleberry · 03/07/2021 19:05

Stay put*

Original poster

ilovewinterpansies · 03/07/2021 19:11

@DelilahDingleberry good to know. My tenants have said they have offered payment up front but it's still not made much of a difference.

To be honest I reckon the main thing is the hiding of it. My reaction of "erm no" was probably what did it. I said to my tenant today if only he'd bloody told me, I could have explained (honestly and wholeheartedly) that they are good people who made a mistake. But instead it was uncovered and now it looks terrible. And I said I'd never consider a tenant who was dishonest about a CCJ, especially not in today's London market where rentals are flying!!

OP posts:

Nat6999 · 04/07/2021 00:02

You can get a rental with poor credit rating, sometimes you have to pay 2 months up front, if they can offer to pay a block of rent up front most landlords will snatch their hands off.

EL8888 · 04/07/2021 00:05

They need to go. They started this whole thing off! Plus they probably knew about the CCJ at the time they did that

ambitiousjelly · 04/07/2021 00:52

you re risk is in being liable for damages with the new tenants. legally the old tenants would be liable for your damages due to there overholding. realistically it sounds like they.dont have the money to pay any damages. I would try and get new tenants to cancel the contract.

SapatSea · 04/07/2021 11:29

That's a tough one. An IVA is a kiss of death for financial references. I don't agree that LL's will "snatch hands off" for tenants who offer a couple of months rent upfront, IME LL's like regularity and wonder what will happen when the lump sum runs out, will the rent be paid then.

You must tell your new tenants asap about the situation as they may be able to rescind their notice on the place they are in and look elsewhere. You don't want to be in the position where they insist on you abiding by the contract. You could speak to your insurer to see if they can give you legal advice, or offer some coverage. If the new tenants will back off that solves one issue and if the market is hot then you'll be able to find another nice tenant in short order later on. I'd then be flexible with your existing tenants and say they need to tell you when they find a new place and that they only need to give you one month's notice ( or even can go when the new place becomes available). You may have to the cost of a bit of a void.

Legally your existing tenant's should go on the agreed mid July date but it's hard when a family is involved and there is always the possibility that they could decide to stay put if they have nowhere to g o and you will be left with new tenants that you'll have to accomodate and compensate.

The two week gap between the move out date and new intake date should have given you a nice buffer but sadly it hasn't.

WombatChocolate · 04/07/2021 12:03

Being a LL involves periods of problems like this and voids. You are probably going to have to accept a void period here.

I think I would go back to the incoming tenants and tell them of the issue. I would recommend to them that they look for another property and offer to refund everything they have paid and probably a few hundred quid as a goodwill gesture.

At the same time, if you can cancel the agreement with the new tenants, I would not mention it to the old tenants. I would encourage them to move out and if necessary to go into temporary accommodation, on the basis that your new tenants will be arriving. Whether they will go by the deadline or not is impossible to tell.

Once the deadline passes, if they have gone, then you can start marketing the property again. You will have a void period, but that’s unavoidable and really you shouldn’t market until there is vacant possession or certainly not take a deposit etc until that point. You just have to accept that loss of income and presumably you have contingency funds in place to cover these inevitable eventualities. The fact you’ve had the same tenants for 3 years means you’ve avoided frequent voids and so actually this is pretty minor, if the existing tenants go and you can get new tenants in within a month or so.

There is a risk that the existing tenants simply won’t go….whether that’s because they cannot access another property, or whether it’s because they can and don’t want to go in reality….it could be either. It then you will have to go through the legal routes, which we all know can take a year at the moment. I assume they have been paying rent and will continue to do so. At least you don’t have tenants refusing to go who haven’t paid rent for over a year.

But speak to Open Rent and don’t delay in getting back to the new tenants. The more notice you can give them, the better and the more likely an alternative can be found by them…..but terribly annoying and you might find yourself bound in some way…..read all the terms very carefully and reneging after contract signed and before tenancy actually begins.

MidnightMeltdown · 04/07/2021 13:23

Just so that you are aware, the new tenants, who have signed a contract and paid a deposit, have a legal right to sue you for any costs associated with finding an alternative rental and any extra rent they may have to pay as a consequence. Hopefully they won't, but this is why you shouldn't have a new tenant sign up before the old one has left. I know that plenty of landlords do this as they don't want have an empty property, but it is a risky strategy.

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