OpenRent Community

Tenants surrender contract


#1

Hi Newbie here

I have had a tenant move out after 2 days saying she wants to surrender the contract

She moved a bed and two cases in on a Wednesday,explained a few issues (mainly cleaning)At 9am on Friday which I got on with by 3.30pm i got an email saying I was in breach of and I should surrender the contract

She had viewed the property twice prior to signing two weeks before,wanted to move on the 1st jan,which ruined my Christmas holiday trying to get everything ready.

Should I just surrender contracts and be thankful or am I entitled to something?

John


#2

You’re entitled to what your agreement sets out. Obtaining it may be a different matter. When this happened to me, I kept the month’s rent already paid in lieu of notice and made deductions from the deposit for costs incurred in reletting the property.


#3

Hi,

Please drop us an email at info@openrent.co.uk - we can put you in touch with our legal partners who’ll be able to provide guidance here.

Kind Regards,
George


#4

From a legal standpoint the tenant is responsible for the rent up until the end of the fixed term of the AST unless you have inserted a break clause at say 6 months whereby she gives you the correct written ie 1 months notice at month 5.
It is actually her who will be in breach of contract I would insist that she continues to pay the rent until you have a new tenant lined up whereby you are not out of pocket


#5

Topchook has the better take on this. It sounds to me that things have changed and she no longer wants to stay. Otherwise why wouldn’t she require cleaning as the remedy? Or, yes, have requested it prior to signing.
Her choice if she leaves but she is still liable under the fixed term you have both agreed to.
I would offer to visit to take note of her concerns with a view to remedying. I suspect she will refuse this because it won’t suit her true agenda.
If she wants out, she needs to request early release. Once new occupants are in, you can refund her for days unused at that point.

CRUCIAL:
Document ALL exchanges via email. If you receive a text or a phone call, respond civilly as usual but email soon after documenting your incoming call and what was said/agreed/disputed between you. Don’t initiate casual communication yourself, however wherever possible.
As always, imagine all is to be potentially read by a third party such as legal council either for or against you.
It seems you are being bullied (by your account.)
Don’t be.
Take free professional advice rather than just from a forum which is heavy on landlords but short on qualified advisers. I would respectfully suggest National Landlords Association or, if not a member (you should be!) Openrent. Citizens Advice also has contacts if they can’t or won’t help directly.
Always make as sure as you can that you are talking to someone who really is well placed to know the facts. Forums encourage well meaning wishful ‘I thinkers’ & bloody-minded, gung-ho types on occasion, along with the rather well informed. Spot the difference if you can.

Stay strong. Stay professional. Be guided by your own Agreement and your conscience. If the place needs a clean, clean it.

Hope helps.

Peter B
Member NLA (accred)

P.S.
I am not a professional adviser; I just don’t get out much.