# Tenant braking lease after 4 months...



## Zulu2002 (13 Jul 2011)

Hello, I'd appreciate some advice from other landlords please.

I'm a first time landlord, renting out my place to rent elsewhere - but that kind of beside the point.

In March I rented out my place to a couple. I got work references etc, and got them to sign a years lease. They were late with the rent for the first 3 months, but paid up in full. No, coming into month 5, they ring to tell me they've split up, & want to move out. Neither wish to remain, as they want a "fresh start". Clearly this isn't an ideal situation.

I want to be accommodating, but this is obviously a royal pain in the ar$e for me. 

Do I with hold the deposit, in lue of rent until I get other tenants in? Whats the "standard" process for this kind of messiness?


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## DB74 (13 Jul 2011)

What does the lease say?


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## Zulu2002 (13 Jul 2011)

The least says they are subject to pay the full term, so they'd be libel for another 7 months, but I'm guessing it's not standard to pursue that?


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## Woodie (13 Jul 2011)

Zulu2002 stop being nice.  You have been messed about.  You have the lease and the entitlement to look for the balance.  If you are being nice, go about getting another tenant and when you are sure about a new tenant, THEN AND ONLY THEN your could offer a compromise.   
You seem like a nice person, but it is not your fault that the tenants relationship is on the rocks.   "Don't make the other persons your problem".  This is a business, not a charity, you should not be out of pocket one cent.


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## oldnick (13 Jul 2011)

There's a thread next to this one -"notice to terminate how long" and the conclusion  -which I admit I was at first wrong about - is that if they signed a one year lease then you are entitled to insist on the penalty stipulated in the contract. 

So, Woodie is right . But how far you can pursue this , beyond retaining your deposit, depends on your determination, patience,stamina etc etc.
At the very least I'd tell them that you have no choice but to pursue legal action but that maybe for  a couple of months payment you'll drop it.

Perhaps someone with recent experience of succesfully chasing clients who quit early can post heere????


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## choccy (13 Jul 2011)

i've had this situation- lets face it chasing them for the cash is probably going to cost you more than the rent if you haveto get a solicitor and they probably won't have the money to pay you anyway- especially if they are really splitting up.  your priority is to get them out and get new tenants asap.

tell them they are responsible for the rent until you have new tenants- at least then you will get full cooperation with viewings place being spotless etc. nothing puts off tenants like a filthy house. have they moved out yet ? strangely enough a place is easier to rent while the previous tenants are still in it- maybe its cos place seems more homely. keep their deposit at all costs. but wait til they've moved out to tell them this in case they trash the place.

its amazing how the people you except to be perfect tenants are often the worst. i had irish family- did 2000 euro damage, smashed walls etc. nigerian family of 6- place better than i left it ! so you never know !


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## Zulu2002 (15 Jul 2011)

In terms of them paying the rent while I/we find replacement tenants, should I look for them to stay in the property?

I would have thunk getting them out would be better?!?


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## DB74 (15 Jul 2011)

You should contact the PRTB and see what they say


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## Mongola (15 Jul 2011)

"its amazing how the people you except to be perfect tenants are often the worst. i had irish family- did 2000 euro damage, smashed walls etc. nigerian family of 6- place better than i left it ! so you never know ! "

I don't like that bit at all, it means there is a preconception here...


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## Zulu2002 (15 Jul 2011)

People have preconceptions - it's human nature, but perhaps we can leave that to a discussion elsewhere? Thanks. 

@DB74, cheers, I'll try that, but in the meantime I'd appreciate advice from landlords on this site.


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## oldnick (15 Jul 2011)

thirty years of renting awith several properties, residential and commercial- has taught me - and so many other expereinced fellow landlords tell me the same.....


If you are really determined to get what you feel is due then you must be prepared for a struggle . Maybe the tenants will easily submit and pay everythingh  due. That is rarely the case in my experience.
So then it's letters, phone calls, visits and then the solicitor  who charges money -whether or not you succeed.
The solicitor will -if any good -advise you bluntly  that it could take many months before you get any money -if you do.
But,again, it depends on the tenants concerned - maybe they'll submit on sight of  a lawyer's letter.
FInally, if no results, you must decide whether to take it to court. And yes you could win -but that doesn't actually mean that the tenant will pay you if he doesn't have the money.

Look- it can go on for ages and as choccy says in a previous post - your main task is getting new tenants asap.

If you know that the tenants have a regular reasonable jobs then I would write the strongest letter followed by a lawyers letter - but I repeat what i wrote in a previous post  ...I'd settle for a couple of months comporomise.

It depends on your personality and bluntly your stamina and stress levels.
Chasing money can take it out of one.

Have never tried PRTB so can't advise.


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## DB74 (15 Jul 2011)

That's what I'm trying to say

The PRTB will do all this on your behalf, no solicitors required or anything. It's not just for tenants to take cases against landlords, there are also instances of landlords chasing up tenants for issues like this.


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## Zulu2002 (15 Jul 2011)

Just so we're clear here: my position on this is - let them go; good riddance to bad waste! If I can get them out & get replacements in I'll (obviously) be delighted. I really, really, really, do not want this to develop into a problem (worse than it is).


To be honest, assuming they leave the place as they got it & I get replacement tenants in for when they leave, I'd be inclined to give them their deposit back also.


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## oldnick (15 Jul 2011)

Well, Zulu, you should at least try to  speak, write, visit them and hope to get a  couple of months out of them. There's not much advice in previous posts just tio compleley drop it immediately. A little effort on your part may produce a small result.
But anything more that retaining deposit and ,say, a month-plus extra rent may involve a struggle.

May be worth following DB74'S suggestion re PRTB. I may be wrong (and would welcome poster with experience on this) but i gather that they can take many months on cases. And,of course, if tenant claims he's broke then PRTB ain't much use.

Personally i'd try for the deposit and a month or so's extra rent.....


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## choccy (15 Jul 2011)

you sound like a very reasonable person in that you all you want is someone paying rent. assuming they are decent enough people going through a relationship break-up they prob want to find a solution with you too.

I mean their total nightmare is you chasing them with solicitors letters for the remaining 12 months rent- which to be fair according to their contract you would be totally with your rights to do.

I found myself in this same situation a few years back ( had to move for job reasons after 4 months)- sat down with land lady and agreed to fully comply with viewings, i painted the sitting room for her as it was grubby from prevoius tenants, and we had to pay 6 weeks rent til new tenant moved in. all worked out in the end . 
i've also been in this position as a landlord and done the same thing when tenants moved out 1 months notice after 4 yrs despite still having 6 months lease.....its just good karma all round.


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## Woodie (15 Jul 2011)

Good advice Choccy.   Zulu2002 does seem to be a nice person and a workable compromise would be the ideal situation.  It simply depends on how ameniable the squabbling couple are to help Zulu2002 in the situation *they* have created.  

I'd also approach the couple and say that you appreciate their personal difficulties but you also have a contract which they want to break.  It is in their interest to help you get new occupiers.  They shold consider it as a life lesson and maybe think before they jump again. 

Worst come to worse you have the legal highground, if not also moral one from my point of view.  It's good to have good karma but that goes both ways does it not.


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## Bronte (22 Jul 2011)

Zulu2002 said:


> Just so we're clear here: my position on this is - let them go; good riddance to bad waste! If I can get them out & get replacements in I'll (obviously) be delighted. I really, really, really, do not want this to develop into a problem (worse than it is).
> 
> 
> To be honest, assuming they leave the place as they got it & I get replacement tenants in for when they leave, I'd be inclined to give them their deposit back also.


 

That's the right approach.


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## AlbacoreA (22 Jul 2011)

If the place is in good condition, they clean it well enough that you can re-rent it straight away, and the rent is up to date. Thats a good outcome. I'd return the deposit if that's the case. 

Sure you can chase them for the rest of the lease, or just until you get a new tenant. But really lifes to short for that kind of hassle or to be that kind of a person. Quick turn around for a new tenant and forget about it. 

Thats what I'd do.


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## bacchus (22 Jul 2011)

> Whats the "standard" process for this kind of messiness?


Termination procedure is explained in this [broken link removed]


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