Tenant has been living in the property for 7 years. We have renewed contract a few times, the last time was in 2023-2024 and we left the contract on a one month rolling.
Due to a change in circumstances (health reasons) we intended to sell the house, so we gave tenant advance notification out of courtesy on Mon 14th April that its something we’re looking at doing in the near future and asked if they would be interested in buying the house rather than renting.
They asked for the valuation, so I gave internet instant valuation but said that I will get a viewing booked to get a more accurate one. Then I text to say it was booked in for Tue 29th April at 5pm.
Then on Thu 24th April I receive a call to say they will move out by Sunday 4th May but not pay the next months rent…
I advised contract advises Landlord gives 2 months notice, Tenant gives 1, so expect another month’s rent regardless as ‘written’ notice was only given on Thu 24th April, but they have cancelled the standing order and I have not received the last months rent.
What do I do? How can I get the final month rent, I was thinking about the deposit but that might need to be used for fixing problems, cleaning, painting, changing carpets, etc etc.
Would appreciate any help / support, or should I contact anyone in Open Rent or send them a message, can they help or am I on my own?
but not without ensuring they are left without a home, so giving them 3-4 months if needed.
Tenant advised they have another house they recently bought but wished to retain the house for their in-laws, so I advised I will look to get valuation booked in.
6 days before end of
I think some paragraphs here have been jumbled up - please review.
First off, usually in common law notice needs to be given on the rental date (i.e. the date when they normally pay).
You can remind them that they may need you as a referee in the future, and question 1 is always “Has rent always been paid on time”.
You could raise a claim against the deposit for rent for the notice period, so try to get a paper trail going of the notice date.
To be honest, them leaving quickly, giving you vacant possession and not causing significant damage is probably your best outcome here. If you intend to sell get on with it…
It looks like you already set you eye on the deposit which I say not fair until you have exit inventory. You cannot charge them for carpets , painting etc unless there is damage (i.e. not normal wear and tear). “Fixing Problems” is landlords responsibility. I might sound like I am tenant but I am landlord. To be fair they should give you one months notice. I personally would not bother and let them go and wish them luck.
Thank you for the advice.
Just FYI Rent is paid at the end of the month for the following month
So for them to pay for May (and pay the 1 month notice) they should have paid on 28th April.
But given the option to sell quickly and they have almost vacated the property and plan to in a few days, maybe best to leave it and move on.
They have been good tenants for seven years. You have asked them to leave, and they have very promptly done so. This has done you a massive favour, and avoided you having to formally issue an eviction notice, and potentially having to evict through the courts.
Also, as they have lived there for seven years, the likelihood of you having a legitimate claim against the deposit for damage, might be unlikely, as most damage might be considered fair wear & tear after this term.
Personally, I would thank them for being great tenants, give them back their deposit in full, and wish them well for the future.
You have pocketed 7 years of rent, so should have a fund set aside to do any repairs or renovation needed before you sell up.
The 2 months notice clause would only be enforceable if this is a contractual periodic tenancy, not a statutory periodic. You have a good outcome and I agree with the comments about moving on.