My tenants gave me notice 7/3 adamant that they could end tenancy on 7/4. I informed them had to be month from date of next rent payment 30/3 therefore tenancy would end 29/4. One has moved out as relationship broken down and his words to me were if OR had informed me when I told them I was ending tenancy that I had to pay until 29/4 I wouldn’t have signed up to my new tenancy as I cannot afford both. I replied to them the day I had their notice which was a Saturday informing them it would be 29/4 as per their TA. No payment was received yesterday and other party still living there, they did say they were getting a van and moving out on 7/4. I did inform them that if I could get a new tenant in asap I would refund any monies owed. They’re also not being obliging as to letting me into the property so I can estimate what needs doing before I relet. What right will I have to take anything owed from their deposit? When would you advise to advertise as available again?
(“. I replied to them the day I had their notice which was a Saturday informing them it would be 29/3 as per their TA.”
Sorry this is a little confusing you say here 29/3 but earlier say it is 29/4
Can you explain all dates notice given etc for each tenant separately?)
if you have proof of rent arrears you can claim from deposit also for breach of contract if they have refused you access for an inspection visit (if you gave them reasonable notice and it was an OK time they can’t refuse access nor can they insist on being there tho it is advisable)
Best not to advertise something before you know what state it’s in
Good luck
Thank you for your reply. That’s what I’m thinking re advertising, thinking it could be in a bit of state! Would you email them today even though I have rent collection with OR and ask when they intend to pay, party who moved out did say they’d pay yesterday up until 7/4 which is when they believed their notice period ended!?
Sorry my mistake 29/4 should be!
@heather8
at this point I’d probably be trying speaking first, repeating both that rent due till 29/4 as per TA and your kind offer to not claim full amount if you can get new tenants in before then, so if they can leave in a good clean tidy state that will help
Then follow up by email to confirm offer
Priority probably getting them out and getting new tenants in. Fingers crossed for you not too much else to claim from deposit and you’ll get your rent arrears from that instead. If you’ve been doing regular inspections and they’ve been taking care of place so far based on those then may all be ok.
Good luck!
Theres not enough info here for a definite answer but assuming theyre joint tenants in a periodic tenancy, the one has served an invalid notice which youve told him about, but it sounds as though he didn’t then serve a valid one. This means the tenancy continues, he’s still liable for the rent and the other one is under no obligation to leave.
Yes, they’re joint tenants and on periodic tenancy. I spoke to the party who has already moved out, regarding the incorrect date, which is when he said I moved out on 16/3 into another tenancy and I can’t afford to pay for both but then he did say he’d pay up until 7/4 which is when he was adamant his notice period ended. It was due yesterday and I’ve not received a penny, the other party still living there has told me they cannot afford the rent and don’t get any money until 17/4 (student loan). If they move out on 7/4 I cannot see them then paying me what is owed at a later date! I’ve not contacted them regarding no payment and not sure what to say tbh
Just be pragmatic, you probably arent going to get all your money just focus on getting THEM to give you a clear date of vacating.
Re advertise the property now and set up viewings after you have been in to have a look. I wouldnt rattle them too much, a disgruntled tenant can do a LOT of damage.
The legal situation doesnt really add up to a hill of beans, tenants disappear into the aether and apart from a deposit its unlikely you will get more money back. You might.
This could be a golden opportunity to sell the property to avoid the RRA
If the other one does go on 7th, they will both have effectively abandoned the tenancy. Try to get him/her to confirm that theyre leaving in a text or email and keep all the correspondence, including the defective notice. Hopefully it will be enough to prevent either or both of them later claiming youve illegally evicted them by re-letting.