I have a tenant that is wishing to leave at the end of his AST. Do I need to get him to sign anything to confrim he wants to leave? I’m just thinking what would happen if he doesn’t leave come AST end date.
I have got a replacement tenant lined up, who has signed a new AST. If the old tenant doesn’t leave, what would happen to this new AST?
If the old tenant doesn’t leave, you are still obligated to the new tenant, and would be liable to accommodate them elsewhere / compensate them.
What does your AST say about notice to leave at the end of the term? The Openrent contract requires that notice still be served by the tenant.
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ah… that is something I would not have done. The tenant occupying the property now has massive leverage over you if they can’t find alternative accommodation in time.
If a T of mine wishes to leave, I ask them to give me notice according to the terms of the AST (i.e. in writing with at least one rental month’s notice and explicitly spelling out the date that they plan to vacate). If they send it to me in a valid form, I then acknowledge it and we should be good to go. At least, if things go pear shaped, I can demonstrate that they intended to leave.
Never sign a new contract until the existing tenant is out.
What type of tenancy is it, fixed term or contractual periodic, (such as the openrent agreement). If its the former, then the tenant can leave without notice at the end of the term. If its a CPT, they must give notice in line with the agreement to end their tenancy.
Thanks - what if the old tenant then doesn’t leave? When would you sign the AST with the new tenant?
when the old one has gone
Oh right. So nearly always a gap between tenants? Or you keep the new tenant sweet hoping they don’t find somewhere else.
When your current tenant has handed back the keys. I am sure that there are some landlords that will sign a new tenancy before the old tenant has left to minimise any void etc although they are taking a chance.
Student portfolios are signing now for next July
I think it depends upon your tenant clientele
I’ve written to all of mine now regarding resigning for the next academic year
And advised there may be prospective viewings
I think it depends on your tenant and their expectations
I rarely even advertise before current T leaves. Anything can happen. But one thing I’m guaranteed (because most of my lets are for 5 years or more) is that I’ll need to do work in the house, replace a carpet or two, etc. Therefore I get one T out well before another is due in. I don’t sign the AST until the deposit and first month’s rent are paid on check in day, which is often done there and then via mobile banking.
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Thanks for responses. When the old tenant moves out do I need to get him to sign anything? Thinking worst case, nothing stopping him saying that he never wanted to leave after giving the keys back (key cut). This is an HMO, not used Openrent.
If he’s leaving at the end of a fixed term of an AST (which I assume from your OP), he can simply hand back keys on the last day. If the tenancy has gone periodic, he’ll need to have served notice according to the terms of your contract and you need to have accepted that. Then he can leave at the end of the notice period. No need for him to sign anything. Your caution about keys is not an issue as you’ll be changing locks anyway, right?
Jake, can I suggest you join the N.R.L.A and do their foundation training. Mistakes in this business can be eye-wateringly costly.