Tenant wants to leave

Hi all

So I bought a flat recently and gave it to a letting agent on a full management basis. Tenant moved in August last year and there has been no end to problems. In summary the tenant is not getting on with the opposite, below or above flat. They complain my tenant is banging doors, playing loud music, has lots of visitors, 4 cars in the car park when only 1 allowed, banging doors etc etc. She on the other hand says they are ganging up against her because of her background, neighbour below her smokes illegal drugs, above her bangs the floor, loud music etc etc.

Neighbours complain to the freeholder who in turn complaints to me as the leaseholder. Letting agent seems to just pass communication between me and the tenant. Now the tenant wants to leave as she is fed up of being victimised.

I have 2 questions - if i let her go early I am most likely looking at a substantial void period. I mean who looks for a new tenancy in the middle of a lockdown? so should i agree to end the tenancy early or release the tenant early? Secondly should the letting agent manage the issue directly with the freeholder rather than involve me? Or am I expecting too much.

Appreciate views from any fellow landlords who have been in a similar situation.

Let her go . You dont need the hassle. People are still looking for places


Agree with Colin, let her go as you don’t need the trouble and she wants to leave. That’s much better than her becoming more of a problem, stop paying rent and then you trying to evict her in the current situation (over 6 months!!)

I’m a tenant and I’m looking to move and I’m certainly not in the minority. Those who don’t want to move seem to be those who’ve stopped paying rent.

Also, I am no property litigator but the agent has no relationship with your freeholder - if they have a problem they should deal with the leaseholder regardless of who manages or lives in the property.


All their concerns should be addressed to the tenant in the first instance. Landlords should only get involved if the situation escalates beyond that. It sounds like they’re bypassing step 1 because they don’t want the hassle.

However, I agree with Colin. You don’t really need the hassle either. Let her go.


Let her go. There is no shortage of potential tenants because of lockdown.


Thanks David, do you mean the landlord building manager should deal with the tenant direct? They might say I am responsible as the leaseholder and they don’t have any contract with my tenant?

Looks like common concensus is to let her go which is what I had in mind too. Great to get confirmation. Just annoying having to fork out all the letting fee again but that is the nature of running a property portfolio I suppose


letting fee is tax deductable

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No, I’m saying that the neighbours should deal with her directly and stop trying to palm off the issue onto others. If they believe she is guilty of anti-social behaviour then they should call the Council and report her.


Well said @David122 , this is not a landlord or leaseholder problem. It is a problem with the occupant and the neighbors

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If tenant’s have issues with each other it is not the Landlord’s problem, it’s the tenant’s problem.
However the tenant should be advised to contact the council and email the police for ASB related issues.
The tenant does have to do it themselves. You cannot complain about neighbours as a third party.

We have had neighbours allege our tenants were behaving inappropriately. Our tenants alleged the same against the neighbours.
The council were contacted. It transpired our neighbours were the problem and our tenants captured the issues on the phone and the neighbours were given a warning. The neighbours could not substantiate their allegations and did not cooperate with the council so they were put on warning for an eviction.

You may be losing a good tenant because you don’t know what the neighbours agenda is.
I would ask the tenant to call the council. If there is a problem with neighbours your next tenants will also ask to leave.
You need to resolve the issue as it will continue ( we were aware of our neighbour, we informed the tenant and let them know how to deal with the problem and guided them through it. It is now resolved and the neighbour is on a final warning)

The market is busy but a lot of people don’t meet requirements so you could have a property empty for a long time

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As someone looking for a rental property, I can only advise you will have no shortage of people due to the Pandemic. The last 4 properties I have enquired about, have averaged 75 prospective tenants each, and I haven’t secured one yet.

Hi all

So update is I agreed to allow the tenant to leave the flat earlier than the 1 year agreed date for the AST. Asked for a 1 months’ notice which they refused point blank (just told the agent she is off in 4 days time and wont pay any more rent), not sharing any relet costs, front door been kicked in and damaged and block manager on my case to repair and tenant does not want to know. Swallowed the bitter pill thinking get the keys back and put it down to experience and just let them go.

Planned checkout day come and gone. Now Tennant is behind with packing and wants an extra day there. In addition tenant wants their deposit back at the same time as keys are returned or else threatening to stay put. Deposit is not even with the agent as its with the deposit scheme. Explained this and no joy.

What a nightmare! Don’t know what else I can do as bending over backwards and being taken full advantage off!!

Anyone been in this situation would love to hear your views.

I am sorry to hear your plight.
Do you have a guarantor?

I would advise legal council.
Are you a member of the NRLA?

In such situations you need a deed of surrender to protect yourself (Tenant asking for tenancy end)

You certainly don’t want to refund a deposit whilst she is in situ

It’s the only thing left that you can bargain your deed of surrender with even if the deposit is in a custodial scheme

There is a legislation but I don’t know if you can enforce it because she’s refusing rent payment and I don’t know if there is a guarantor in place Ancient law may help landlords - The Landlord Law Blog

Can you negotiate with the deposit or have you already released it on the website?

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In my view you need to make a really robust response to this to nip it in the bud now. I would explain to them that their notice, while invalid, was accepted by you and that made it valid. Consequently, their tenancy will end on its expiry and if they are still there, they will become trespassers. Ex-tenants “holding-over” are subject to the provisions of the Distress for Rent Act 1737 and you will be entitled to mesne profits in lieu of rent at a rate of double the rent on a daily basis. Explain that you are prepared to sue them in court for the money and will pursue them to the ends of the earth if they fail to pay. You would also be entitled to remove them and their possessions with reasonable force (not violence) without a court order in this circumstance. If they don’t respond positively to this then come back for more information before acting. This approach would only work if you did/do formally accept their notice and would mean sacrificing your claim to any rent for the notice period.


Here another good reason not to use Estate agent getting involved. I used 2 letting agents in 14 years ago, inexperienced and anxious I used estate agent to end up with arrogant and not paying tenants. So I realised they couldn’t care less about you and your property. In other words: Your property, your problem. All they want is your money and they use all possible selling tactics to achieve that.

Having said that, don’t worry, take you time, find another respectful tenants (I can assure there are out there) and let these people go.