# Tenant breaking fixed term lease



## sams1 (1 Mar 2020)

Can a tenant choose to break a fixed term one year lease when they are 7 months into the lease? The lease does not have a break clause. Thanks


----------



## Thirsty (1 Mar 2020)

Simple answer - not worth your while arguing.

It's a landlords market at present  you'll have no difficulty getting a new tenant


----------



## Leo (2 Mar 2020)

Yep, you can take a complaint to the RTB (who are very much pro-tenant), and you may get an order in your favour. Enforcing that order will be another matter entirely though.


----------



## Vanessa (10 Mar 2020)

Cut your losses and be glad you are rid of them


----------



## yildun (10 Mar 2020)

Hi as leo and Vanessa  said  Be happy get some decent tenants in and forget about the the Tenant enablers in  RTB


----------



## sams1 (6 Apr 2020)

Thanks all. Unfortunately given the current crisis it looks like I won't have a new tenant for a while and likely rent will have to come down. I would consider selling but I'd say house prices will also drop now too.


----------



## luckystar (6 Apr 2020)

There are still tenants looking for properties especially in urban areas.


----------



## elcato (8 Apr 2020)

If your tenant had stayed they would probably have not been able to afford the rent for this month (and next 2 possibly) so i would nt think yourself been out of pocket. Plus you couldn't evict so sounds to me like a result and fair play to your tenants for not taking the proverbial.


----------



## sams1 (10 Apr 2020)

Tenant is moving to a different rental property. They gave 35 days notice and are due to vacate this weekend. They advised this evening that they're still leaving this weekend but cannot get a removal company to move furniture so they want to leave their furniture until after the lockdown but don't want to extend their contract or pay additional rent as they are already paying rent for their new property. I have a potential new tenant due to view the house this week. Can I withhold current tenant's deposit if their furniture prevents me from starting a new rental? What happens if the furniture is accidentally damaged after their official rental period?


----------



## Bronte (11 Apr 2020)

Sam you need to be very careful. Do everything by the book. Contact the RTB in writing. Contact an organisation I’m a member of for advance. IPOA. They keep sending me emails about current stricter measures imposed on landlords.

Any chance the tenants would stay on if you reduced your rent. I’d highly advice it.


----------



## Bronte (11 Apr 2020)

Leo said:


> Yep, you can take a complaint to the RTB (who are very much pro-tenant), and you may get an order in your favour. Enforcing that order will be another matter entirely though.


Going to tge RTB is a complete waste of time if you’re a landlord. Hassle and grief for a worthless order. Best avoided.


----------



## sams1 (11 Apr 2020)

The tenant has already committed to another lease elsewhere so they won't be staying on, even if we offered a lower rent. Do I need to join and pay annual subscription to get advice from IPOA? Thanks


----------



## luckystar (11 Apr 2020)

I would presume they’d be leaving furniture at their own risk. Is there a shed it can be stored in? How much furniture is there/what type of items?


----------



## sams1 (11 Apr 2020)

Seems like pretty much all their larger items - beds, mattresses, living and dining room furniture. I can only assume new place must be furnished and they're planning to put their current furniture into storage....but using my house as free storage until after lockdown....


----------



## luckystar (11 Apr 2020)

Ah that’s really not on. Did you rent it unfurnished? 
This emergency could go on for a long time. I’d be very clear that the tenancy is still in place while their belongings are still on your property. While there may be an issue getting a removal company (though I would assume an essential service?!) car/van hire companies are definitely still operating


----------



## sams1 (11 Apr 2020)

Yes it was rented unfurnished. I provided contact details for a local man with a van. I'm not feeling any sense of urgency on their side. We've been good to them throughout the tenancy and I think there was just an assumption that we wouldn't have an issue with this. Disappointing that they left it to the last minute on a bank holiday weekend to tell us.


----------



## luckystar (11 Apr 2020)

Find out the forwarding address. Book the man with a van. Deliver the items. Deduct the cost from deposit. Sorted!
Whatever the outcome I’d be putting my foot down now. Very unfair for them to expect you to accommodate their belongings


----------



## Leo (14 Apr 2020)

Bronte said:


> Going to tge RTB is a complete waste of time if you’re a landlord. Hassle and grief for a worthless order. Best avoided.



It is, but on the positive side, decisions are published. All landlords should search the archive for the names of potential tenants, and I'd advise avoiding taking on any where a previous landlord took a case against them regardless of outcome.


----------



## JSnowWinterfell (14 Apr 2020)

Why after 7 months, is the tenant moving to another rented property? Is it something to do with the property?


----------



## Broadcaster (14 Apr 2020)

I think I would follow Luckystar's advice...hire a van and get the furniture out and deduct the cost from their deposit. Inform them of that immediately.  Unless they pay rent they can't expect you to store their furniture. If they used a storage company they'd haven't pay a fee so why should you do it for nothing and besides, you'll need to clear the place for a new tenant. It completely unreasonable of them. Be firm and issue them with an ultimatium.
.


----------



## llgon (14 Apr 2020)

They have given notice that they wish to end their tenancy. Once they move out they are someone else's tenants. I don't see how the RTB could be involved in your relationship with them at that stage. They are just using your place for free storage.

However, if you do not return their deposit to them in full it will be a matter for the RTB.

So my advice, once they're out return their deposit and give them an ultimatum to move their furniture. If they don't you will have to bear the cost of this but will probably be worth it.


----------



## Leo (15 Apr 2020)

llgon said:


> I don't see how the RTB could be involved in your relationship with them at that stage.



Their leaving before the minimum notice period is a matter the RTB have authority to investigate and adjudicate over.


----------



## eisfspike (15 Apr 2020)

sams1 said:


> Seems like pretty much all their larger items - beds, mattresses, living and dining room furniture. I can only assume new place must be furnished and they're planning to put their current furniture into storage....but using my house as free storage until after lockdown....



What absolute nonsense. I would put their items on the street unless they wish to pay storage being the monthly rent. Agree with the other posters it would not be worthwhile to pursue them for the broken lease but you have to draw the line somewhere.


----------



## llgon (15 Apr 2020)

Leo said:


> leaving before the minimum notice period is a matter the RTB have authority to investigate and adjudicate over.



The thread had moved on now. The issue is what the OP will do with the tenant's furniture that has been/will be left behind. Do you think the RTB will be able to investigate the OP's actions that if the tenancy has ended?


----------



## Leo (15 Apr 2020)

llgon said:


> Do you think the RTB will be able to investigate the OP's actions that if the tenancy has ended?



Yes, they can. What in the legislation setting out their remit do you think limits that ability? 

The tenant of course can not be forced to attend the RTB, or respond to the investigation, but their failure to do so will result in one of the few cases where the RTB will find fully in the landlord's favour, with the result being published.


----------



## sams1 (16 Apr 2020)

Many thanks all. The tenant used a local man with a van and their stuff has now all been removed so all good. Now to just find another tenant...

In response to question above as to why they were leaving after just 7 months, they wanted a smaller property with lower running costs. The house is fine but typical energy rating for it's age. Doesn't compete with A rated properties.


----------

