Rent dilemma for a tenant…..

[Wilmslow]

Not my flat, but my sisters who lives overseas – I am getting the nominal management fee money to make me the reporting landlord.

Got somebody on a 12 month contract from October wanting to leave to go home to parents to save money.

I am thinking tough – she will need to continue stumping up and should have thought things through.

However, could this be reasonably enforced??

I was also considering agreeing until t he end of April which should give time for a replacement.

Another option I was considering was to find a replacement for the remainder of the 12 months, provided I deem them a fit and proper person and all of that……

Which sounds most plausible option?

[Cyberman]

Does the contract allow a notice period ? If not then that sounds rather unreasonable.

[BrilloPad]

What does contract say about notice period? How much security deposit is there?

If there is no notice period then you can get enforced. Go to small claims court? Get a county court judgement? If the amount is enough you can probably start bankrupcy proceedings? but do you really want to go to all that trouble?

[SizeZero]

That's a bit harsh Brillo. The tenant had been honest about needing to save money (possibly job worries?) and you'd ruin their future and go straight to the bankrupcy court for the full rent amount, because they'd been honest with you? If they'd lied and just stopped paying, then yes, but this girl has given reasonable notice. I don't think your average judge would be too sympathetic.

Incidently, forcing the girl to live there when she can't afford it 'could' be detrimental to future rental prospects. You know, nasty smells that you can't locate, furniture and decoration falling into 'disrepair', etc. Keeping it on good terms will mean less stress for you in the long run.

[BrilloPad]

That's a bit harsh Brillo. The tenant had been honest about needing to save money (possibly job worries?) and you'd ruin their future and go straight to the bankrupcy court for the full rent amount, because they'd been honest with you? If they'd lied and just stopped paying, then yes, but this girl has given reasonable notice. I don't think your average judge would be too sympathetic.

Incidently, forcing the girl to live there when she can't afford it 'could' be detrimental to future rental prospects. You know, nasty smells that you can't locate, furniture and decoration falling into 'disrepair', etc. Keeping it on good terms will mean less stress for you in the long run.

I was just suggesting possible courses of action : and I actually advised negotiation.

But if you just go in softly softly it can work against you. depends on the tenant.

People should not sign contracts they cannot fulfill. As contractors we ought to know this.

[expat]

I note that in some countries where it is normal to have long rental contracts without notice, if the tenant wants to leave then they are legally allowed to find a replacement. The landlord might be able to contest the choice of tenant, but perhaps only in a negative sense ("I do not accept this new tenant because...<specify valid reason>") rather than a positive sense ("Send me someone and I'll see if I like them...").

[Cyberman]

That's a bit harsh Brillo. The tenant had been honest about needing to save money (possibly job worries?) and you'd ruin their future and go straight to the bankrupcy court for the full rent amount, because they'd been honest with you? If they'd lied and just stopped paying, then yes, but this girl has given reasonable notice. I don't think your average judge would be too sympathetic.

Incidently, forcing the girl to live there when she can't afford it 'could' be detrimental to future rental prospects. You know, nasty smells that you can't locate, furniture and decoration falling into 'disrepair', etc. Keeping it on good terms will mean less stress for you in the long run.

WHS

[Solidec]

Ask her to stay and continue paying whilst you seek for a new tennant and cover all costs involved in setting up new tennancy, including letting fees, legal etc etc.

Sounds fair enough, as you are still doing her a favour you are not obliged to do.

As a tennant myself, I would accept that as a very generous offer considering the 12 month tie in.

[TheFaQQer]

Continue to charge her rent until you find a replacement, or she finds a suitable replacement. If you need to readvertise / pay other fees, then you could charge those as well.

Negotiate with the tenant - sympathise that they want to leave, but explain gently that they are legally obliged to pay rent for the 12 months. Explain that if you or they can find a suitable replacement, then they won't have to pay any more, but you need the income until there is a new tenant.

Firm but gentle is probably the best way forward.

[sunnysan]

Dilemma

I was just suggesting possible courses of action : and I actually advised negotiation.

But if you just go in softly softly it can work against you. depends on the tenant.

People should not sign contracts they cannot fulfill. As contractors we ought to know this.

I am a renter so I know, if you sign on the line , you do the time. However enforcing the contract is useless if

a) She loses her job and has no money.
b) You only have a small security deposit

This does not even take into account the extra headache.

Get a legal opionion but I woudl contact her, let her know you are "doing her a favour" that if she

a) Finds other tenants(Or pays the agency costs)
b) The new tenants pass reference checks
c) She covers the cost of this out of her deposit

that you will surrender her tenancy. Thsi way you mitigate risk and get her to pay for it. If she wants to leave its a small price for her to pay.