Tenant moved in 2 nd November, has only been at the property 5/6 days since then and has constantly complained about having an immersion heater that doesn’t supply constant hot water( she is used to a combination boiler) purpose built flat that doesn’t have gas which was obvious when she viewed it.
I think she has left home for the first time and has realised that it’s not for her
She is trying to get Right to Rewind the tenancy but legally she can’t do this
She will end tenancy on 30 th November and I have agreed but she wants rent and deposit back
Do I create Deed of Surrender with Open Rent, but there will no refund
Liable up to the time you find a new tenant Cannot be rent free.. All elec. gas certs and paperwork in order? certs. given to her? Adverts for new tenant costs she liable for. You need deed of surrender
If she doesn’t want to be there I would release her from the tenancy once you have secured a new tenant and you are compensated for any re-letting costs. Hopefully, you can turn it around quickly so that she gets some of her deposit back.
Put all the points to her that if she leaves and pays your costs it will cost her less >Be firm. Next time . No young and guarantor no matter what the age. More leverage for you
I think you’re taking a sensible approach and I agree with your stand on the rent. You won’t be able to just keep the deposit of course. Are you planning to make the case to the deposit scheme that it should cover rent in lieu of notice? If so, that won’t work with a regular deed of surrender. You’ll need a specific clause covering this and only solicitors are allowed to draft deeds. You might be able to find a template with something like this in it though. Check with the N R L A. You might otherwise be able to allow her to serve one months notice. This would likely be invalid unless your tenancy agreement allows it, but I believe you should be able to make it valid by accepting it in writing. You probably need to check some of this with a landlord and tenant solicitor if you intend to rely on it.
On what grounds is she trying to get right to rewind, What is she claiming you said which was misleading or untrue? Or how is she claiming you harassed her into signing? Is it just an empty threat or why would she be trying that? (I don’t think not spelling out the type of heating in an advert would be considered misleading as it’s a typical thing most tenants ask when viewing and immersion heaters are hardly a hardship)
Assuming she has no case for that, you are being reasonable in not saying she must give notice and pay rent in the normal way till that expires.
Explain politely that she signed a 12month contract you are generously allowing her to end early but she can’t have the use of the property rent free fot a month just because she changed her mind. The facilities were freely visible and immersion heater hot water is very common not anything unusual nor a hardship. You will be taking a hit by having to spent more time and money finding a new tenant.
Given you have agreed an early departure I doubt you can keep any part of deposit for ‘leaving early’ but she has certainly breached contact so if you are unable to find new tenant by time she leaves you can i think claim rent for void period plus relisting costs and new tenancy and new referencing costs - and see what deposit scheme says
I wouldnt beat yourself up for trusting people. Im not sure this could have been foreseen. Ive had a similar tenant. A guy of 30+ who wanted his own space. Saw out the 6 month term and then returned to his parents house. Just make sure you’re clued up on the departure process.
I’ve had first time buyers for a house pull out with similar - they hadnt worked how much they could afford…grr
I wouldn’t see it as a mistake just a learning opportunity - to be extra cautious when people are first time renters or moving to a new area to ask how well they know the area and to make sure they are entering into a serious financial commitment so if they change their mind they have to pay rent till their notice is up and they need to be sure it’s the right place for them - the immersion thing sounds like an excuse
Under RRA it won’t be as much of a commitment of course
Openrent provide a platform for ‘self-managing’ Landlords. They are not there for hand-holding through every bump along the Landlord journey. If you don’t want to self-manage, then get an agent, that will hopefully be there for advice when your need it.
Don’t forget that a deed is executed, not served, so it has to be signed and dated by all parties at the point of departure. As I indicated above, the default position is that you’re signing to say that neither party owes anything to the other, so just make sure you recover any funds before this happens.
David does this include money deducted from deposit for re letting and advertising, I thought you could discuss this with My Deposit? The deposit will not be refunded until she has removed all belongings and handed over keys
Why should my son be so financially affected when she has asked to end the tenancy??
You may have missed my post about the deposit further up this thread. The Tenant Fees Act allows landlords to recover their costs, (but no more) if the tenancy is to be ended. If you intend to use a deed of surrender, you need to source a template that includes the scope to charge for your costs or get a solicitor to draft one for you. You would then make the case to the deposit scheme once the tenancy has ended. The rent up to the date of the deed should also be paid, preferably in advance.
Can’t you add some clause into deed of surrender regarding deposit - e.g. deposit will be used against rent arrears ? Then this can be shared with relevant deposit scheme.
My understanding is that the drafting of deeds, including deeds of surrender, is a reserved activity for registered legal professionals, so even if a landlord had the legal knowledge to do it, it could be challenged in court. However, this point should be checked with a solicitor.
Fortunately, deeds templates with the option to levy charges do already exist, so these may be sourced and used.