Stand your ground Sam, play hard ball and tell your tenant exactly what you’ve just written. If you’d been given enough notice to find a new tenant, you might have been more inclined to accommodate them but because they’ve been selfish, tell them to stick it. Andy
These things happen. If his contract was until October he will be legally obliged to honour it and pay the rent up to the end of the term. One months notice to vacate is normal given by the tenant after the assured short hold agreement becomes a rolling contract, or after the agreed term. However It sounds as though you’d be better off with him gone, refurbish it review the new rent figure and re let Time to put the bike away roll you your sleeves and crack on. Good luck.
Nah everything about it was horrible....brown cardboard like outer, some sort of fucking sauce (all of them looked like different shades of sick) - some green stuff, offwhite stuff and sick yellow stuff... and when i tipped it up on end what looked like dishwater dribbled out...everything about them looked horrible..the best use i could see would be to use as compost...
Sorry to see this Andy, UTIs are nasty and can easily turn really nasty. Not had one myself but know somebody who suffers with them periodically. Hope the drugs kick in quickly.
The GP I saw at my local surgery was fantastic yesterday, had a much better night and even after one dose (had the second at 6 this morning) there is definitely an improvement which is a great relief. Andy
Waiting for 3rd Domino throttle for the RSV4 - other half has got her mates over to empty the wine fridge friday night so ill get a nights peace in the garage. This ones the most important. Ironically the RSV4 is the bike i always go the furthest on. The epiphany of lowering the rear for longe range riding (a TTX Mk2 with hydraulic preload means all i need is an 8mm spanner which is easy) made everything a bit easier. The smoother lighter throttle will help more and, the throttle lock will be the icing on the cake if i cant get it all working. My bars are totally non standard...renthal clip ons, heated grips and finally if it fits the throttle lock. For someone with a knackered right hand anything will help... Its either that or a Speed Triple RX which im pretty sure wont wash with the other half...
@Sam1199 The first thing you should do before jumping in with both feet and laying the law down to your tenant is to check that what the agent told you is correct by reading the tenancy agreement yourself. Most agents are thick as mince, so do not rely on his/her advice. Then, when you have a copy of the agreement, check whether there is a break clause and if there is, check that the tenant has complied with its terms as it's very common drafting practice to make them fairly restrictive, eg: the clause may only be effective if notice is given on a rent day and in writing. If it is a fixed term AST with no break clause, then the practical reality of the situation is that there's not a lot you can do to enforce the requirement to pay rent until the end of the tenancy unless there is a deposit. Even then, you'll need to tread carefully because if you raise the prospect of the tenant forfeiting the deposit by way of compensation for the breach, the tenant may retaliate by obstructing or sabotaging viewings or not giving up possession when expected or leaving the place in a mess. My advice (and this is my specialist field) is to not play hard ball, but to first make sure of the respective rights and obligations between you and your tenant and also make damn sure that the deposit is properly protected and the prescribed information was properly served on the tenant. I have lost count of the cases I have done where a landlord has got themselves into a dick measuring contest with a tenant who then goes looking for and finds some minor failure in deposit protection compliance and takes the landlord to the cleaners by making a claim for a statutory compensation payment of up to 3 times the sum of the deposit. I represented a landlord last year in a huge disrepair claim where one of the features of the case (prior to my involvement) was that in retaliation for the agent serving notice on her, his tenant had obtained a judgement in default for c.£28k against him by way of stat comp plus costs and interest due to his agent's failure to properly protect the deposit. The failure, btw, was that the agent had accidentally entered the wrong sum on the deposit protection paperwork and had put £2,000 (1 months rent) rather than £2,308 (5 weeks rent). And then, and only then, if you are absolutely sure that the tenant is not permitted to terminate early and that the deposit protection compliance is watertight, say as little as possible*, wait for them to vacate and at that point inform them you are enforcing your right to claim the final month's rent from the deposit. In order to do that, you'll need to open a case with the deposit protection service or take the tenant to court. NB: You should not "sit on your hands" and so you should try to relet the property in order to mitigate your losses. "Mitigation of loss" has, generally, been seen as a contractual law doctrine with no applicability to property law, but the trend over the past couple of decades has to treat AST tenants as consumers (whose rights are governed by contract law) rather than holders of an estate or interest in land. * A compromise position could be that you agree with the tenant that they will pay the rent until the end of the tenancy, but you will also try to relet the property and if you manage to do so you will accept their early surrender to coincide with the day on which the new tenant becomes liable for rent and refund the remainder of the rent pro rata. However, negotiating does run the risk of tipping the tenant off that you intend to enforce your rights.
Thanks, it’s a years fixed term contract. I figure I’ll offer the compromise solution of letting them out of the contract if and when I get a new tenant in. However I don’t see why I should take the bath if I can’t get someone in. Bearing in mind a new tenant will most likely need to give a months notice as well. Therefore there will be a gap. It just beats the hell out of me as to why they didn’t tell me straight away. They’ve found a house they like and want to buy, I’m pleased for them. Fair enough, no problem. Until they give me 3 weeks notice!
whole world is mad. my daughter and her partner looking for a flat in Edinburgh and can't find one for love nor money. even offering 6 months rent in advance.
If you need to redecorate then agreeing an early surrender might actually work in your favour because you can get that work done and get the property back on the market at its peak, whereas if they gave up possession in October then by the time you've sorted the place out it could be into November, by which time the letting market is dying down. BTW/PS: The advice in the previous post only applies if the property is in England or Wales. Scottish law is quite different.
I’ve read that it’s because the Scottish Nanny Party brought in a new law which mandates a standard tenancy agreement and/or caps the rent. I might be wrong about that but please feel free to copy and paste it and I’m sure Finm will appear within a matter of seconds with a barely intelligible diatribe which puts the blame fairly and squarely on the Westminster government
I put huge time and money into the place last year. They’ve only been in 10 months and it’s just a couple. Until now they’ve been entirely reasonable, and so have I, so not expecting any heavy refurb work. However, 3 weeks notice is not reasonable. Hey ho.
It’s difficult but these things happen even with all the safeguards in place Part of HMRC description of being self employed is there has to an element of risk. Dealing with tenants can at best be like herding cats, they after all have free minds and ambitions. The last refurbishment I carried out was in at the beginning of July. The tenant in question, moved in on a strong recommendation, turned out to be a fully blown alcoholic. Within four months of tenancy he had absolutely wrecked the place losing his bowel functions and walking excrement all over the new carpet. The new bed, new sofa were also trashed. The smell in the hallway was stomach turning and concerning the other tenants in the house. One night the ambulance service split the door and casing in half rescuing him during one his many heart attacks On the fifth month I served him notice to vacate on the last day of his tenancy, to which surprisingly he accepted I have to add he didn’t get behind with the monthly rent during his stay, no arrears were accrued After he had vacated I filled the trailer and van went to the tip. It was sad to see all his family photos and personal belongings left behind including tokens from the Alcohol Anonymous for previously being dry. I had the strong feeling this would be his last tenancy I redecorated refurbished throughout and it’s now relet on a higher rent. Carpets and furniture alone cost over £2k not including repairs and redecorating costs. I kept the deposit although this was a small offset to the outlay. So yeah like you say, hey ho Shit does happen, thankfully not very often.
