# Rent due during notice of termination



## K-Man (16 Sep 2010)

For a number of reasons and incidents over recent weeks I am about to issue notice of termination to my current rental tenant. Basically a couple split up and one of them moved out, therefore breaching the lease agreement with me. 

I agreed to let the other person try and find a replacement, as they told me they cannot afford the property otherwise. The person has been in the apartment for 5.5 months and from reading the various Threshold documentation, I understand that because the tenancy has lasted less than 6 months I can issue 28 days notice.

I am keen to do everything properly and have already given the person 2 weeks to find a new tenant to share the apartment, but this has not worked out, they can't afford it, and now won't return my calls.



My questions are :
1. Rent is due monthly in advance. If I issue notice now and the tenant is due to vacate on say 15th October, I presume that 2 weeks rent is still owed and should still be paid in advance ? I still have the deposit and everything but I am not planning to use this as rent. I will also give it back if I can get new tenants in time. Problem is the tenant can no longer afford the rent, so I am sure they will not pay this now.

2. Because the length of the tenancy will exceed 6 months by the time the notice of termination ends, does this classify as a tenancy of over 6 months - therefore allowing for a 35 day notice period (instead of 28 day) - see below

3. The person is on rent allowance and has asked me to re-sign the form stating that they are living there. I told them that I can't really do this until I have a confirmation that I can get a new lease in place that will allow the rent to be paid. However I now think that I should just sign the form, let them get their allowance, but serve the termination notice almost simultaneously as the person cannot afford the rent on their own and does not have a replacement tenant to make up the shortfall.

Thanks all for any advice !


------------------------------

*Notice periods*

_The length of _*notice*_ depends on the length of the tenancy. _
_Less than 6 months 4 weeks (28 days) _
_6 months to a year 5 weeks (35 days) _
_1 – 2 years 6 weeks (42 days) _
_2 – 3 years 8 weeks (56 days) _
_3 – 4 years 12 weeks (84 days) _
_4 years or more 12 weeks (From September 2008, 16 weeks (112 days)) _


----------



## AlbacoreA (17 Sep 2010)

If someones not returning your calls, I wouldn't be signing anything for them tbh.


----------



## Trustmeh (20 Sep 2010)

K-Man said:


> Basically a couple split up and one of them moved out, therefore breaching the lease agreement with me.


This just happened to me a month ago. A breakup, boyfriend gone, rent would be a few weeks late.... I immediately issued a formal letter explaining the seriousness of not paying rent in full, and detailing the process leading to eviction. Within 24 hours I had my rent. Never assume or believe a tenants story, just deal with them each exactly the same - or they will sniff out weakness and exploit you.



K-Man said:


> I agreed to let the other person try and find a replacement, as they told me they cannot afford the property otherwise.


Weakness. See above. Just issue the formal letter and start the process of eviction. Everyday you waste is a victory for them avoiding paying rent!




K-Man said:


> 1. Rent is due monthly in advance. If I issue notice now and the tenant is due to vacate on say 15th October, I presume that 2 weeks rent is still owed and should still be paid in advance ? I still have the deposit and everything but I am not planning to use this as rent. I will also give it back if I can get new tenants in time. Problem is the tenant can no longer afford the rent, so I am sure they will not pay this now..


Correct, rent should be paid in advance, take what you can get, but realise if you accept less, than they can say they are still paying you! If less is not enough, start eviction process by issuing formal letter. Dont get angry. 
ALWAYS tell the tenant you WANT to give them back their deposit. Tell them you dont want to keep ANY of it - because you dont! Explain in detail that every day they stay without paying rent, is eating into their money, their deposit. Believe me, this gets them moving fast.

If they think they've lost the deposit for breach of contract, they will not get out fast and could turn into squatters after the deposit runs out. then you will have a job removing them - you do not want that. 



K-Man said:


> 2. Because the length of the tenancy will exceed 6 months by the time the notice of termination ends, does this classify as a tenancy of over 6 months - therefore allowing for a 35 day notice period (instead of 28 day) - see below..


 I would not sweat this detail - much of a muchness. See my advice above and try to get them out as quick as possible.



K-Man said:


> 3. The person is on rent allowance and has asked me to re-sign the form stating that they are living there. I told them that I can't really do this until I have a confirmation that I can get a new lease in place that will allow the rent to be paid. However I now think that I should just sign the form, let them get their allowance, but serve the termination notice almost simultaneously as the person cannot afford the rent on their own and does not have a replacement tenant to make up the shortfall...


 Why would you sign the form?? It sounds like they are trying to get you to let them stay in the house for the reduced rent. If you dont plan to let them stay for less money than dont sign the form and they will be looking to move on quicker... OR they might magically find the extra money for the rent in return for you signing the form.

Never assume you know how much a tenant can or cannot afford. Only they themselves know that - and as soon as they think you have sympathy for them - they will exploit exploit exploit!


----------



## variety (21 Sep 2010)

Agree with other posters - do NOT sign the RA form.


K-Man said:


> Basically a couple split up and one of them moved out, therefore breaching the lease agreement with me..


Your lease agreement should say that the Tenants are jointly and severally liable for the rent, which means that if one moves out it is not a breach of the lease.



K-Man said:


> I agreed to let the other person try and find a replacement, as they told me they cannot afford the property otherwise.


A Tenant is always allowed by law to request assignment of the lease. In this case, a little weird since it's the remaining tenant who has requested same, and it's not actually their responsibility.



K-Man said:


> The person has been in the apartment for 5.5 months and from reading the various Threshold documentation, I understand that because the tenancy has lasted less than 6 months I can issue 28 days notice.


If you have a Fixed Term lease agreement (if you do, it will clearly state this somewhere in the document), then you cannoy under any circumstances issue a notice of termination simply because they have been there for less than 6 months. That rule only applies if you have a Part 4 tenancy.

A Part 4 tenancy is never in place if you have a current and valid Fixed Term agreement.

Tread carefully - tenants know their rights, especially this one, by the sound of it, since they are aware they can assign the lease.
Best of luck with it.


----------



## K-Man (27 Sep 2010)

Thanks for the advice all - here is an update on proceedings. 

After making lots of attempts to get in touch with tenant the week before last to find out whether a new tenant was found to share the place, I was 'told' via email that I should desist from calling and only deal through email in future. Strange as I have been very professional about this whole matter to date and expected same.

As the rent is fully paid and up to date right now I will do this, however I do of course expect payment in full at the beginning of the month as normal. If this does not happen, then I am planning to take the standard course of action for non-payment of rent which is to request the full payment after a couple of days leeway and if not received to issue notice of termination after 7 days.



variety said:


> Agree with other posters - do NOT sign the RA form.


 
I haven't been asked to sign this again now, probably as I'm now being told not to communicate via any other means other than email




variety said:


> Your lease agreement should say that the Tenants are jointly and severally liable for the rent, which means that if one moves out it is not a breach of the lease.


 
Yes it does state this




variety said:


> A Tenant is always allowed by law to request assignment of the lease. In this case, a little weird since it's the remaining tenant who has requested same, and it's not actually their responsibility.


 
So you reckon that it's not their responsibility to request and sort out assignment of the lease ? Surely it's ultimately the responsibility of both of them, although I take your point that the person leaving should really sort it out.




variety said:


> If you have a Fixed Term lease agreement (if you do, it will clearly state this somewhere in the document), then you cannoy under any circumstances issue a notice of termination simply because they have been there for less than 6 months. That rule only applies if you have a Part 4 tenancy.
> 
> 
> A Part 4 tenancy is never in place if you have a current and valid Fixed Term agreement.


 
It is right in the middle of a fixed term agreement at present, realise that you can't issue notice of termination for no reason, but I am fully expecting to have a reason soon for non-payment of rent.




variety said:


> Tread carefully - tenants know their rights, especially this one, by the sound of it, since they are aware they can assign the lease.
> 
> Best of luck with it.


I expect that this is going to play out as follows :
- Rent will not be paid or one party will pay and the other won't
- I will request payment and the party who has not paid will still not do so
- Party who has paid will want to take action against party who has not paid, as that person who has paid is ultimately being done out of place of residence (by the other)

The joys !!


----------



## AlbacoreA (27 Sep 2010)

Personally I wouldn't go near email. 

Use letters and keep a record of them. You may be asked for them in future.


----------



## K-Man (21 Nov 2010)

Final update on this one....

I didn't get to issue the termination notice to the tenant as the person had actually left the property of their own accord. They didn't tell me and made no contact at all, nor would they answer a call.

Place was in reasonable condition, no damage or anything, just dirty and they did not return any of the keys to the property. I have tried to make contact via phone and email to get the keys back (as there are about 10 keys in total), but to no avail. 

Have to put this one down to experience I'm afraid !


----------

