We had a tenant sign our lease . Let them choose the colour of the new carpets and flooring. They paid 6 months & deposit upfront but has now before moving in verbally said they have - decided not to move !
How much rent do we have to return to them . ps some of the carpets are not to our liking !
Given that one would expect carpets to last 5-10 years and you installed them, it’s pointless trying to say you don’t like them and or would not have installed them lol
Has the “Tenant” signed the AST and been given all the correct documents (and signed to say they’ve been given them) ?
If ALL of the above is in order, then I don’t see that YOU should return the Rent as they signed a Contract and it’s not your fault they’ve reneged on it. (I would do differently but that’s me)
Before doing anything, I would;
(a) still go ahead and register the Deposit and issue the Certificate
(b) then, get it in writing from them - together (if possible) with their reason for withdrawing.
(c) dont discuss anything else with them yet.
Then, speak with a Solicitor (ideally one who deals with lettings every day) and ASK them what your rights are.
Depending on what the Solicitor says;
(a) explain to the “Tenants” that they will forfeit £ or ££ and explain word for word what your solicitor said.
(b) give them 7 days to decide whether they want the property
If they decide they do want it then all sorted (though they arent going to be the happiest of Tenants going forward).
If they decide they still dont want it, in writing, then return their Deposit in FULL and do what the Solicitor states re the rent paid.
Personally - I would not want them there if they don’t want to be there BUT I would expect the full costs of re-letting and the void period to be covered by them. I wouldn’t drag my feet though as I tend to be fair.
PS in future, never install items based on a Tenants preference (unless the item is worn out and the tenants have been there 10 years and earned the privilege)
Lesson learnt on the carpet front🤦‍♂️-
The AST has been completed and we have a signed copy .
Many thanks for your advice.
register the deposit, claim for void period, time lost due to non advertised period-unfortunately adjudicators don’t honour holding deposit to be claimed, but can ask.
not worth spending time and money for solicitors.
I never move furniture in and out or change things unless broken.
good luck.
Obviously never let the tenant choose the fittings.
Have they signed a contract? If so, you can hold them to it if you wish, although I wouldnt recommend that. If theyve signed then I would offer to re-advertise and release them from the contract once a new tenant is in place, refunding the balance of the rent paid. You would need ghem to put this request to you in writing first.
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Appreciate your reply
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