Tenant questions

Doom

I have a tenant who signed up a contract for 12 months back in Nov 2010, I have a feeling he may try to leave soon, can he give notice and leave before the 12 months as agreed? Thanks

silja

What does the lease say? If it is a fixed term lease stating 12 months, then he is obligated for the 12 months and you could persue him in court for the reminder of the rent, UNLESS he provides a follow-on tenant to take over the rest of the lease.

Doom

silja wrote: »

What does the lease say? If it is a fixed term lease stating 12 months, then he is obligated for the 12 months and you could persue him in court for the reminder of the rent, UNLESS he provides a follow-on tenant to take over the rest of the lease.

Thanks, its a fixed 12 month lease, and a months notice required too.

variety

Doom wrote: »

Thanks, its a fixed 12 month lease, and a months notice required too.

You cannot break a fixed term lease (unless you assign it, as silja says, or by mutual agreement), so having a one month notice is irrelevant.

A tenant can leave at the end of the term without notice, as it is assumed that the lease will end on the end date.
As a LL you would be advised to contact the tenant 3 weeks or so before the end of the fixed term in order to establish whether or not they are staying.

the_syco

Make an appointment to pop around to check the condition of the house. If the condition is good and they move out early you'll need a new tenant. If the condition is bad be on your toes.

mebird

variety wrote: »

You cannot break a fixed term lease (unless you assign it, as silja says, or by mutual agreement),.

That is my understanding too.

variety wrote: »

A tenant can leave at the end of the term without notice, as it is assumed that the lease will end on the end date.

That is not my understanding of the Law. Regardless of what is contained in the lease, I understand that the tenant must still give notice that they do not intend to remain at the end of the fixed term. I believe that if the tenant does not give notice, the landlord is entitled to assume they intend the tenancy to continue ( as a Part 4 ). Thus, notice is required in all instances.

ted1

In theory they can not break a lease in.practice they can.and there is.nothing you can do.

mebird

ted1 wrote: »

In theory they can not break a lease in.practice they can.and there is.nothing you can do.

Not quite. If the landlord is of the opinion that the tenant has not given adequate notice in a residential tenancy, the landlord may withhold the deposit as compensation. Whether the landlord is entitled to withhold all of the deposit in this instance is another matter.

variety

mebird wrote: »

Regardless of what is contained in the lease, I understand that the tenant must still give notice that they do not intend to remain at the end of the fixed term. I believe that if the tenant does not give notice, the landlord is entitled to assume they intend the tenancy to continue ( as a Part 4 ). Thus, notice is required in all instances.

I can see where you're coming from, but in the event that the Tenant claims a Part 4 after the fixed term has expired (since they're supposed to do it 1-3 month before its expiration), the LL can recoup any losses incurred by the Tenant not informing him that he intends to leave (eg advertising costs). The assumption is there that the Tenant will leave at the end of the fixed term.

variety

mebird wrote: »

Not quite. If the landlord is of the opinion that the tenant has not given adequate notice in a residential tenancy, the landlord may withhold the deposit as compensation. Whether the landlord is entitled to withhold all of the deposit in this instance is another matter.

Well, not really as "compensation", more as monies owed for the rent. Realistically, a LL rarely gets compensation (as opposed to Tenants), even if the PRTB rules in their favour.

Doom

Another question....would you hold back money for tidying up the garden, it looks like the amazon and was maintained very well when let out, toilets and sink looked like they where never cleaned, tbh it looks like a ****e sitting in the bottom of the loo

odds_on

You wrote:

Doom wrote: »

Thanks, its a fixed 12 month lease, and a months notice required too.

What do you mean here? Is there a clause in the lease that a month's notice is required in order to leave?

Doom

odds_on wrote: »

You wrote:



What do you mean here? Is there a clause in the lease that a month's notice is required in order to leave?

They should be giving notice in the 11th month id they intent to leave after a 12 month lease....simple!