The new legislation is very detailed about Landlords evicting tennants but is silent on tenants who leave before the end of the contract.
I’m easy with them leaving and giving them the deposit but its not clear how this works legally if I don’t have to serve a notice.
Do I just not do anything?
I don’t understand what you mean, by them leaving before the end of the contract. The contract now has no fixed end date so can be terminated by the tenant subject to 2 months notice.
@Trevor15 it’s “nor mentioned” because it’s exactly the same as before.
The tenancy ends if
A- The tenant gives notice (default is 2months ending day before a rent payment day unless agreed/specified otherwise in the tenancy agreement- it can be less
B -LL.servees (s8) notice and gains possession (after application for possession if contested/tenant doesn’t move out
C -There’s a mutual deed of surrender ending the tenancy
D -property is abandoned and (from evidence provided by LL).a judge agrees
If none of these have happened the tenancy continues and the tenant remains liable for the rent, for cleaning and doing all the other things specified in the tenancy agreement. You can claim the rent arrears from the deposit.
After a while they will be in breach of any clauses saying it must be continuously occupied/not empty for more than (eg 30) days.
Best
Your point is correct about on-going occupation, but th epoint I am asking is if they decide (as they have doen) to leave (say) tomorrow without giving any notice or other information whta does a landlord then do as there is no one to serve a notice on…
This is useful information but my issue falls in the cracks between the points you raise.
The tenant has left but their tenancy is now technically continuing as they have not given notice and I have not submitted a s.8 (as I didn’t know they were elaving).
The property is therfore in limbo. Do I just wait with an empty property for weeks (months?) while I claim abandonment?
if they gave keys back or told you they were leaving that might count as having given notice and ended the tenancy but you need legal advice from an eviction specialist.
And yes, meanwhile you have to go through the correct legal processes whether getting a judge to agree its been abandoned or serving an s8 (to the address you have on the tenancy agreement - which legally is fine, tho you can also try sending copies by email whatsapp to their employer’s address and any other address you have.)
If you change the locks or rent to a new tenant then potentially you have carried out illegal eviction which has large fines and even a criminal record potentially.
See this previous thread
Good luck
Thanks for the prompt response.
Its all a grey area which I will follow up with a property lawyer. I think that tenants walking away is not uncommon so I am surprised this hasn’t been thought of in the legislation.
thanks again,
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It’s covered by the existing legislation - and evicting problem tenants is more an issue
Most of the RRA is about more rights for tenants and tougher fines and rules to protect against rogue LLs. It’s harder to evict and tougher penalties if LLs get anything wrong.
Tenants abandoning properties isn’t seen as a problem by politicians (nor is waiting till they are 3 months in arrears plus 4 months notice to leave plus 6-12m+ for courts to gain possession so potentially a year and a half of no rent if a LL is unlucky). But these are the same politicians who admitted they didn’t do any assessment of the impact of RRA on rental market, and who pretend extra costs to LLs will just be absorbed and not passed on as higher rents..
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You’re right that this is an issue that the RRA failed to address. In fact it may have made it worse by revoking the abandonment legislation. Having said that, I think the concept of implied surrender or surrender by operation of law still exists, but given the severe penalties for mistakes, I would only now risk it on the advice of a specialist landlord and tenant lawyer.
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When you say tenant left, what is your statement based on? House with no furniture? Did they tell you or anyone? Any potential witnesses to whom they might have told their intention?
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They messaged to say they were leaving. And, subsequent to that have again confirmed it.
I would clarify they have not simply dissapeared. I have his family contact details. The reason is that his job has called him back to Italy (he’s Italian) at short notice to help with the family business.
then unless they have given notice by actually saying they want to end the tenancy, they are still liable for the rent. Get them to give you notice properly.
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I personally do not worry in this case. I had a similar case where tenant moved out earlier. There was no issue as it was mutual agreement. As far as I am concerned you are agreeing to end contract earlier.
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This is what I have done.
As its a mutual agreement there seems no need to get overly complex.
My only issue now is giving the deposit back as there isn’t an option on OpenRent to simply say I want to return it in full withough deductions!
if you choose ‘End tenancy’ on OR you should then be able to return deposit in full.
Source: OpenRent https://share.google/wciG7KualsC7XMgIu
Think if you end the tenancy and don’t make any claim on the deposit within 10 days OR will get it returned in full to tenant anyway..
@mod_harry or @mod_emma or OR support will be able to assist
Best
Thanks for that advice (and the link). The issue for me is there is no option to simply give the deposit back. When going through the process the only options are end of tenancy etc. The fact is the tenancy hasn’t ended but by mutual agreement the tenant is leaving.
I’ll try just putting in that the tenacy has ended though this will not match up with the OR data and see what happens.
thanks again.
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@Trevor15 if you’ve mutually agreed tenant has left and will no longer be carrying out the responsibilities of tenant under the tenancy agreement, you’ve got an implied surrender of the tenancy and it has indeed ended.
Have you also agreed with tenant return of keys, removal of any possessions left behind, and started discussing return of deposit?
@David122 may be able to advise further whether tenancy has ended or not.
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We have mutually agreed the tenant has lleft and indeed has taken all possesions. The property itself is in good shape and keys returned so no worries there either.
I’ll see how the OR system copes with not having a specific reason for deposit return!
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you do have a reason for deposit return - in fact the only reason - ie the tenancy has ended. Once you tell the OR system that you’ll have no problem.
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If you havent already, I would send the tenant a message saying that you accept his surrender of the tenancy, which is now at an end. I would then take back possession.
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