OpenRent Community

Tenant left midterm of AST

Hi all,

I have a tenant who is in the middle of their AST. They have mentioned a few times that the flat above caused them nuisance by way of drumming during work hours of the day (these tenants do not work from home), so I suspect that is why they left, however, they did so without informing me. I only knew they left because they didn’t pay the rent and the property is close to me so I checked.

As they’re liable for another 6 months if I took them to court, can I claim the remaining 6 months even if I manage to rent it within the next couple of weeks? Also, as the contract is still in effect, am I able to sign a new contract with someone? Usually, we would both sign a surrender form but I’ve no idea where he is and so I won’t be able to get that. Even taking him to court might be an issue.

Thanks

No, you have to choose.

Either you hold them to the full term of the contract and sue them in court for rent for the remainder of the term, in which case you have to leave the property as it is as their tenancy is ongoing. I would only do this if you are certain they have the money/steady earning etc. Not self employed or on benefits.

Or you follow the procedure for a tenant surrender, in which case you can charge rent up to that point. If the tenant has/will contact you to offer an express surrender, you reply accepting it. If not then you have to follow best practice for abandonment, (implied surrender), which you can google separately.

Thank you David122 for the information!