Tenant cancelling agreed early surrender – what are the landlords options?

Here is a question to the blog clinic from Michael who is a landlord:

I granted a 12 month AST from 1st Dec 2013, with mutual rights to terminate after 6 months i.e at 31st May 2014.

The tenant advised in mid March they he had to return to Italy for urgent family reasons and sought to terminate the tenancy at the end of March – that is with little over 2 weeks’ notice and emailed me to this effect.

I indicated that although I was not obliged to allow termination before the end of May. I was prepared to allow it, provided there was a minimum month’s notice with the end date 15th April. The tenant emailed and confirmed this was acceptable.

On 15th April, the tenant then advised that he wished to stay until the 20th, and just before the 20th he requested a further week.

The tenant now advises that he may not need to go to Italy and would wish to stay on until the Dec 2014 end date.

If this is the case, can I request the tenant to formally withdraw his previous notices and confirm that he wishes to continue with the existing tenancy OR do I need to set up a new tenancy?

Rent is currently paid up to the end of April.

I don’t think it is necessary to set up a new tenancy.

My view is that you should just continue with the existing tenancy as if nothing had happened. You agreed to a surrender but then it was mutually withdrawn.

So just email the tenant and say that if this is what they wish then you will treat the agreement to end early as if it never happened.

After all so long as they are in the property, looking after it and paying rent – thats what you want!

But maybe just ask the tenant to confirm formally, for the record, that he will now be staying on as originally intended and that he now no longer wishes to leave early.