Hi there,
A tenant viewed and was interested, we both signed contracts and we were good to go. Now her circumstances have changed and she no longer wants to move in. Looking at the available options in the openrent portal, the only way forward is if we both cancel contracts which apparently returns the deposit to the tenant. That doesnt seem particularly fair, given that it will now take me more time to find another tenant, and lose propective rent.
Does anyone know what options I have to attempt to retain the deposit? Would it actually be worth persuing or would this have to become a legal matter?
Thanks in advance.
If you’ve both signed contracts and she’s paid the deposit and, I assume, the first month’s rent then the fact that she is also liable for all remaining rent payments for the duration of the fixed term is a huge amount of leverage for you. You’ll need to (properly) draw up and (properly) execute a deed of surrender that details the terms on which you’re happy her relinquishing this tenancy early. I would detail my expenses in regard to this and ask her to agree to walk away less those costs.
You should only release the deposit when the tenancy has ended so you’d need the deed to do that, and she’d need the deed to be let off the thousands of pounds she has promised to pay for the duration of the fixed term.
She is in breach of contract and you could ask her for compensation in the form of rent until you can find a replacement tenant, which you must start straight away. You can then contact Openrent staff about how you go about claiming from any rent or deposit shes paid.