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hi guys
I wonder is anyone can help,or advise
I rent out a house to tenants, they have been there yrs and are great, never any probs, all on good terms etc.
signed contract has lapsed, they pay monthly
today they called to say they have bought a house and are out end of the month (weeks notice)
my first thought was that Id like months notice - as it said in contracts previously signed
but also i don't want to be a dick about it. They will clean house from top to bottom (its always dead clean) so that's not an issue
they will (i expect) want their full deposit back - around £600
Im thinking that I should keep some back in lieu of lack of notice given ? maybe 50%
can i legally do that - I think I can
I firmly believe in doing the right thing and not being a dick
so ?
Contract says a months notice, tell them to pay a months rent and give them their full deposit back.
Nothing dickish ablut that in my eyes. I also rent a house out to good tennants that have been in for a few years, but I would want a full month notice as I'm sure they'd want the full 2 months from me, and our kids are in the same class at school.
Tell them you want a full months rent but you will refund some of it if you manage to get another tenant in within the month. That will also make it in their interest to leave the place clean and liveable.
The deposit is, I assume in a scheme rather than in your possession? (If not you could be in trouble!)
You can’t claim loss of rent from the deposit without a court order. Even if your contract says they have to give more notice.
If they have been good tenants and left the property in suitable condition to put back on the market immediately I’d just suck it up and wave them off then get it back on the market ASAP.
signed contract has lapsed, they pay monthly...
...my first thought was that Id like months notice – as it said in contracts previously signed
It's a bit of a dick move by them not to give you a decent amount of notice but it seems they've no notice period agreed in a contract. If I were you I'd cut my losses and not spend time or effort trying to get money I've no contractual right to. Just get it back on the market ASAP.
The way you talk about the deposit I have a horrible suspicion it is in your possession. If that is the case I’d be making sure their exit is as smooth and incident free as possible to avoid not getting yourself in hot water. I’d also gen up on what regs have changed since you last rented it out if they have been in years. How are you on mains powers smoke detectors and installed carbon monoxide alarms?
A few weeks rent for having been great tenants for years would seems a reasonable new home present and worth writing off with good grace.
Even more new regs coming next month to do with abolishment of all fees for tenants. Forecast is rent rates will be rising to compensate as agencies are putting up fee to landlords by an average of 2% so you might want to review the rent you will be asking to your new prospective tenant.
I'd say ask for the months notice. If they've been in the process of buying a house they must have known months ago. If it was the other way round and you sold the house and gave them a weeks notice I don't think they'd be too happy. Obviously if you manage to rent it out at short notice reimburse them/don't keep deposit.
If they have been good tenants and left the property in suitable condition to put back on the market immediately I’d just suck it up and wave them off then get it back on the market ASAP.
This ^^^ 👆
Live and let live ...
Assuming they pay a month in hand and are good tenants.. Then I'm not seeing an issue here?
If they've been there years, is there work needs doing before getting new tenants in? Let them leave and then get on with it.
Strictly, it is one rental month's notice. Contract hasn't lapsed, it just became statutory periodic at the end of the fixed term (probably).
If the deposit isn't protected, they get the whole lot back no questions.
I’ve been in a short notice period before with Tenants.
What I did was reimburse the deposit as the house was in better decorative condition than when they moved in and was spotless. Whilst only a week I arranged an agent to start to find a Tennant and bring the house up to regs while they were still occupying the property. By doing so reduced my time and could send tradesmen round when the property was occupied and reduces time the property may be vacant. I was lucky I got a Tennant pretty much straight away. Win win all round
We own three rental properties. My view is that you need to consider the state of the property they have left it in. Normally, even if the property is so well preserved that you don't want to withhold any of the deposit, you will need a bit of time to get it ready for the next tenant. If it's good to go, then say thanks for the last few years and wave goodbye. If it needs work then explain that their decision is costing you money. It usually takes a good few weeks after the handshake to get a new tenant in.
thanks for that guys
we might re - rent or sell, so have a few options
You sound exactly like the reason the deposit scheme was set up for .
Exactly big bud.
I rent out a house to tenants, they have been there yrs and are great, never any probs, all on good terms etc.
Read this ^^^, think about the fact you have no contract with them and haven't lodged the deposit as you should by the sound of it.
Don't be a dick.
Come on OP
Have you got the deposit in a scheme?
Whats the cost of being found out again?
If it's £600 a month and they've been there years, let's say 3, they've given you over £20,000. If they're good tenants I am sure you can cut them some slack and just give them their deposit back. If you don't and there's a battle for it (because if I were your tenant and there is no contract, I'd out up a fight) that'll be extra stress you don't need whilst trying to reoccupy it.
Normally, even if the property is so well preserved that you don’t want to withhold any of the deposit, you will need a bit of time to get it ready for the next tenant. If it’s good to go, then say thanks for the last few years and wave goodbye. If it needs work then explain that their decision is costing you money. It usually takes a good few weeks after the handshake to get a new tenant in.
Let me get this right. Good tenant etc and been there for few years. Property in tip top condition etc.
You are withholding the deposit? Why? So it will take you a few weeks to find another tenant but aren't that normal?
How about normal wear and tear or do you want the house to look like brand new?
Or are you trying to squeeze every ounce of what you can get from your tenant(s)?
I have a similar situation right now. Tenants have given notice part way thru the month. That will leave us £300 short this month. I have pointed out to them that its rental for whole months only but given the fact they have always paid on time and that they gave 6 weeks notice I am prepared to accept this.
rule number 1 - don't be a dick!
also to the OP you cannot use a deposit for unpaid rent. If you haven't put it in a deposit scheme you could be in all sorts of bother
IIRC the law (in Englandshire) is that in the case of a standard rolling contract they have to give a months notice, you have to give them 2 months.
Deposits cannot be held in lieu of unpaid rent. (And are held in the deposit scheme for that very reason). IANAL