My Tenant has canceled their fixed-term 2year agreement early as a result of Covid after 6mths of signing.
I have readvertised the flat but struggling to get a tenant. If I can’t get a tenant to replace them as they have canceled the agreement earlier, can I use their deposit bond for the mortgage?
Welcome anyone, who knows what my options might be?
Apologies I am just a little unsure what I can do in this situation as still need to pay the mortgage and have no rental now coming in and struggling to get a tenant so thought I would just check.
Thank you again for your help!
Look forward to hearing anyone understanding on what is possible in this case?
Did you have a break clause in the tenancy agreement?
When they cancelled the contract did you accept the cancellation in writing and set out their obligations on this basis? i.e. they are responsible for the rent until you find another tenant and they are responsible for the costs of this?
I tried to have a longer tenancy to the agreement - but Open rents template only allow for a six months max so they have given that.
I have not responded to their email for notice but have replied to a text to say I will start looking fr a tenant and have started that process.
Do you think I can come back now and reply and say that until I get a new tenant they are responsible for keep paying and that I can use their bond for this?
They also asked if they can have their bond earlier as they want to move to a smaller place and have paid up to next month’s rent.
Not sure what you mean that Open Rent only allow six months as you said it was a two year tenancy?
I would write to them and tell them they are responsible for the rent until you find a suitable replacement. As well as responsible for your costs in doing so.
I’m not an expert, but I would keep the bond until a new tenant is found and would not be using the bond at this stage towards rental payments.
When the new tenant is found and they are installed, deal with the bond then.
Assess any damages and unpaid rent only when their tenancy has officially ended and only then release the bond.
|Break Clause|Break clause can be activated after 6 Months|
But could not find a way in the Open rent template to disable the break clause?
Does that mean I can’t hold their bond to cover mortgage payments? And all the cost to find a few tenants is with me … I have been advertising but have not had anyone confirm proceeding as of yet.
Sorry just worried that I will get to a stage that they move out in a few weeks and stuck … but if there is nothing I can do to use that bond then will keep trying to get new tenants.
Was just wondering if I can use this bond in this case with the 2-year tenancy?
If they have given you the required notice as per the AST wording to activate the break clause then I believe you can’t keep bond unless of course they don’t pay any rent due up to their leaving date.
I’m a tenant or was until I lost my job due to unlawful COVID measures and now reside with family. My rent was paid up, I requested to come out of my contract the landlord agreed, left the house immaculate and in a better state than when I found it. It sounds like you already agreed to releasing your tenant when you stated you replied to them advising you’d start looking for another tenant, you didn’t state that you didn’t agree with it. Also if the tenant is having to leave due to losing their job due to covid and they have advised you they need to leave and have paid up then I believe that in keeping their deposit/bond is most unacceptable and not the right or good thing to do really is it. Life throws things at us sometimes and we’ve all had this covid nonsense thrown at us and had our lives affected one way or another, if we can’t act in the interests of humanity then we’re all going to the dogs.
Landlords are people too, have bills and mortgages to pay, family to provide for and have also been affected by ‘this Covid nonsense and have had their lives affected one way or another’.
They must be the only group of people who have had no help whatsoever from the Government.
I am sure if they can afford to, most LL’s would write off their losses and release tenants without any penalties whatsoever.
Not all landlords are multi millionaires and genuinely can’t afford to. Even retaining a bond if needed does not guarantee that they will find another tenant any time soon, so may well still be significantly struggling by helping out someone else.
If someone agreed to release me from a contract I would be happy to sacrifice one month’s bond by way of compromise and acknowledgement of the favour and situation.
Landlords, most usually have a home, a tenant does not. Sounds like the tenant was honest. Keeping someone’s money when they’ve perhaps lost their job and having to leave where they are currently renting is very sad. Unfortunately, many landlords are greedy, a lot having several properties. The tenant was not trying to be annoying or inhumane.
I practice what I preach daily Thanks though it does sound like you’re a person without a moral compass. Good luck with your future!
No one has said anyone is trying to be inhumane or greedy.
The landlord is clearly trying to do their best to accommodate the tenant if you bother to read the post rather than putting your own bitter and twisted slant on it.
Plenty of landlords lose their jobs too and on top of that are expected to carry their tenants and keep a roof over everyone’s head and which most are doing with good grace, compassion and with a lot of worry attached.
A lot of landlords are not greedy and do not have lots of properties. They are doing an honest days work against all the odds way over what they signed up to.
Some landlords are actually struggling and have less disposable income than their tenants.
Some landlords are tenants themselves and because they are bailing out their own tenants end up having to quit their own home, ending up on the streets.
They don’t quality for any assistance as it is deemed they own a property. One they have no access to.
Seems a nerve has been hit. We all have opinions of which we’re entitled. Keeping money when one doesn’t need to was the point if someone has lost their job wasn’t it, but you’ve taken it personally for unknown reasons, just making yourself look unapproachable as a landlord and also inappropriate. Goodness me. Please go and jump down someone else’s throat with your derogatory comments. I’ve always been a tenant landlords have never had any complaints with and even been sent flowers and gifts for the upkeep of the property I’ve lived in. However there are some dishonest landlords who will try and take their tenants for anything they can. Perhaps you’re one of those, I wouldn’t know. Best not to send me any further nasty messages, unpleasantness suits no one, especially with the current climate.
Cheerio.
problem is when a tenant signs up for a long term they have to keep to the contract. A contract can only be broken if both agree… ,.The tenant wants to leave … the landlord is stitched up. The landlord wants to sell…then the tenant is stitched up. Both are going to lose out.
So to reiterate. Legally - A contract is a contract no matter what happens to either party. As adults signed with acceptance of the AST and conditions on both parties.
If break clauses apply or other conditions these applies to both parties who must abide by these.
A home is a home whether rented or owned
Own your home, don’t pay mortgages and costs which result in your loss of home have far more reacting consequences than ending a tenancy term, Both of course would or could affect your credit rating and ability to rent or borrow money for many years following the unfortunate situation.
So to the question in hand, the rental agreement applies in all cases. If the LL has a break clause everything once appropriate and agreed notice takes place - applies. Voids are a cost of LL ownership.
Conversely , an AST not complied with by the tenant is legally at their cost.
You are clearly the troll here as you have had nothing constructive to say apart from dishing out abuse and spite.
There is no information on the post that states the landlord has the means to write off the debt - as you claim. Hence the reason they are posting.
Clearly they have accommodated a request to terminate a contract and from the information that comes across they are now in dire straits themselves wondering how to pay the bills.
ITs up to kay to decide A contract can only be broken by mutual agreement. If the place is left in good nick, do not keep the deposit… This is the problem when you have a tight rent/mortgage ratio
I do appreciate your input. Definitely not a landlord that is greedy or not humane … in fact, I lowered the rent for them in exchange to sign a 2yr agreement.
I was just a little unsure what happens in this situation so hence I asked.
It turns out that the tenant has still kept their job but it seems like his girlfriend has moved in and caused some problems with the other tenants in the house hence why he is terminating the contract so not all true the whole covid story I was given.
None the less letting me end the agreement and still looking for a new tenant as hard to keep people if they don’t want to stay, but it just means I am footing the bill until I can get a tenant … Since I have had to lower the rent even more because its hard to get tenants currently … so no its not easy for landlord, but I do appreciate its not easy for everyone right now hence why I am letting them leave based on their request.
We are all just trying to help each other navigate out way through these uncertain times.