Here is a question to the blog clinic from Ella (not her real name) who is a landlord
My tenants are an unmarried couple who are splitting up. She paid one year’s rent in advance and now because she can’t live with him anymore and he refuses to move out she wants to end the tenancy agreement.
What is the best way to deal with this?
Answer
I am assuming that the fixed term of their tenancy has not yet ended.
The answer is, you don’t have to do anything. It is up to them to sort it out.
They have signed a binding legal contract to pay your rent for a year and have paid it. If they now decide that they can’t live together – it’s not your fault.
If they are able to find someone else to take over the tenancy then, provided they pass referencing, you could agree to re-let to them so long as your expenses are covered.
However what you don’t want is to refund the advance rent paid by your current tenants only to find that the new tenants don’t pay and you are then out of pocket.
For your point of view the best thing to do is just refuse to allow the current tenants to end the tenancy early or to refund any money.
Also remind her, that she is responsible to pay for any damage he does along with all the rent until such time as he leaves, if he remains after the fixed term…..
I think we need to know if ‘the tenant’ is one or both of them and also the status of him if he’s not named in the agreement. If just her then she potentially has a route to remove him within her own fixed term and move back in alone.
And we need to beware that ‘trash it and abscond’ could be the result of playing hardball rather than trying to find a win win solution
Bit that baffles me is the end part where you seem to be implying that even if new tenants take over no refund should be made until they have paid whatever the outstanding months rent is and that otherwise could have been refunded when the new tenancy (and obligations) start.
That is not what you mean is it Tessa?
It probably was not well phrased. If a new tenancy is created then the landlord will have to refund the advance rent paid for the remainder of the tenancy, less any expenses incurred.
I don’t really think its in the landlord’s interest to do this bearing in mind the risk that the new tenants may default. (Unless I suppose they too pay in advance).
If the new tenant is covered by RGI taking a new tenant will ALL the costs covered by the current tenant may be in the landlords best interest. Getting a new tenant that may remain long term, with no cost of voids etc now, rather then waiting until the end of the AST and then having a void could be good option.
But it wall depends on the boyfriend fully cooperating with the process.
I suppose that the issue of any refund of rent in case the tenancy is surrendered depends on how the rent is payable in the tenancy.
If she paid one year’s rent in advance because that how the rent is payable then there is no entitlement to any refund. Any refund will be up to the landlord.
Whether the new tenants default is not relevant unless perhaps there are specific terms agreed as part as a surrender agreement.
If the rent isn’t payable one year in advance then the sum that hasn’t become ‘rent’ yet is refundable unless an agreement to surrender specifies otherwise.