Do our tenants have the right to leave? (uk only please)?

Question

Our tenants want to move out even though the tenancy is in its 7th month and the agreement is for a year. There was a 6 month break clause but they would've had to give notice a month ago for this to have an effect, as they didn't we thought we had them for six months more, but now a month later they want to move - can they or are they not liable for the rent for the remainder of the term or getting tenants in to replace themselves? (1988 housing act agreement )

To Jae - we have been very good to our tenants and actually going that extra mile for them in many ways and also, I have just spoken to a lawyer and you are wrong, so before you mouth off telling me I am a greedy woman, stop and consider the crap you are talking and that maybe, there is actually a point to a fixed term of 12 months!

Answer 1

Assuming that the break clause was a one-time shot, they are liable for rents until you can re-let the property. You do have an obligation to take reasonable means to re-let the property so as to minimise their liability.

You can generally withhold their deposit against their liability in addition to any damages to the property but you still should render an accounting of the deposit charges within 30 days of the date that they hand over the keys.

However, most break clauses give either party the option of breaking the agreement at any time after the stated interval, effectively making the term 6 months. In this case (by far the most common) they are free to leave with whatever notice is required in the letting agreement.

A calm word reminding them of their liability may be sufficient to persuade them to remain for the term of the letting agreement, assuming of course that the language of the letting agreement is such that the break clause had to be activated at a specific time and does not roll monthly after the initial interval.

Contact a solicitor or your local CAB for further assistance.

Answer 2

A break clause such as the 1 contained in the Tenancy Agreement you mention can be used at any time after the 1st 6 months of the tenancy, therefore, your tenants can leave once they have given the required notice.

As previously stated, if your tenants leave without giving notice they will be liable for rent until such time as you find new tenants. It is your responsibility to find new tenants as soon as is practicable. Court action in this matter will be expensive and there is no guarantee that the defendants will pay any judgement made against them - you will be throwing good money after bad. Sorry.

Answer 3

No you greedy woman. A six month break clause allows a tenant to give one or two month's notice at any time after the six months is up. You shouldn't rent out a flat if you can't understand a simple tenancy agreement, why not sell the house and let some first time buyers into the market? If you are going to rent out the house again, you should use different agents, as they should have explained the contract to you when they drew it up - or were you just focussing on the ££££s?!

Answer 4

Shouldn't matter what country it's in. If they signed the lease they're bound by it. The very least they could do would be to find somebody to take over the lease, if you were willing. Otherwise, they are liable for the remaining five months of rent. The lease may or may not have provisions for sub-let, and that's another matter. They are still responsible for that, though. Anything less is breach of contract on their part. If there's any possibility whatsoever of not staying for the full term of the lease, they had no business signing it and should rent month-to-month.

Answer 5

it is not elementary. be conscious the tenancy settlement - how lots word could you provide them for eviction? possibly a month (using fact the hire is paid month-to-month?) if so, provide them a month's word to get out. that's what you're legally obliged to do. ok, so which you would be able to lose yet another month's hire - yet superb to decrease your loses and get them out relatively than drag it out. Do you have a criminal professional? if so, look for his or her suggestion and notice approximately prosecuting them for defaulting on funds. possibly you recognize the tenants; so what you could ask your self is, have they have been given the potential of paying you? in the event that they have no funds then there is not any factor in taking them to courtroom on the grounds that they have no potential of paying you. Oh definite, they courtroom will in basic terms approximately easily locate against them, then the courtroom will pay you the money and the ex-tenants will could pay the courtroom (probable a pittance) a sum back each and each month. to shop yoourself all the worry it must be superb to purely provide them a month's word, do away with them, and pass on with new tenants. possibly you took a month's hire as down-charge on the commencing up of the tenancy? if so, you're legally allowed to maintain that using fact the tenants owe you the money. it relatively is a minimum of one month's late hire you could regain relatively adequate.

Answer 6

See a lawyer if in doubt and take the agreement with you. They may have to pay a months notice of stay for that month but only your agreement will define how you both act.

Answer 7

think you were lucky if you got them into a 12 month minimum renatal period.

most standard contacts have a 6 month minimum followed by a rolling addition that requires 1 months notice by tennant and 2 months by landlord to end.

if they have given you the required 1 month then I dont see how you can stop them, sorry

Answer 8

I am a landlord myself.

How would you stop them.

All they have to do is stop paying rent and you have to spend time and money chasing them for it, after you have paid to find them.

Its probably not worth it, ask them if they would give a months notice and find a new tennant