Tenant wishes to leave early from lease

[teaboy2]

Re: Tenant wishes to leave early from lease

Exactly my point about pedantic.

Dictionary Definition:

Argument: A discussion in which disagreement is expressed

So to answer your question Teaboy was expressing disagreement with you and Plan B, so I guess you three. As I said, it's not worth arguing about though. I did find it really interesting and informative reading around the subject though - it's not an area I'd ever even looked at before, let alone read various pieces of legislation, guidelines etc...

I wasn't arguing or actually disagreeing, but merely pointing out that i had checked my facts and that the tenant can surrender at any time (End of the day you can't force someone to live where they no longer wish too live). Nothing was asked about any rent not yet due being payable to the OP, and the OP had stated that they thought 1 months notice was meant to be given and therefore implying there was a clause, of sorts, in the contract allowing surrender. I accept my first post could have been more precise in details etc, but i saw no need to be so detailed given there's only 1 month left (after date tenant intends to vacate) and therefore wouldn't be in either parties favour to haggle over it.

It would be in the interest of both Parties to agree to terminate the agreement, though only after the OP has been allowed to inspect the property - That way both parties part ways on good terms. Its likely that the tenant will leave on the 10th august anyway.

[labman]

Re: Tenant wishes to leave early from lease

I was being pedantic Teaboy! Inca implied you had not checked your facts, you stated you did. Being pedantic, that constitutes an argument.

Bizarrely I was commenting to explain what I believed to be the confusion. I wasn't expecting any comeback from the post.

[PlanB]

Re: Tenant wishes to leave early from lease

I think you'll find that Teaboy and PlanB are both right in a way. A tenant can surrender a tenancy at any time during a fixed term AST but only by mutual agreement. If they "give notice" and walk away without the Landlord's agreement then it becomes *abandonment* which is a whole different kettle of fish. Then Landlord has no right to enter the property (and take possession or re-let) until he has pinned a Notice of Abandonment on the door which basically tells the Tenant that they have 14 days to prove that they haven't abandoned the property.

http://blog.painsmith.co.uk/2011/11/...d-abandonment/.

We had a case on here where the Landlord claimed abandonment and seized the property, sold all their belongings, and locked them out of their home when the poster had simply gone on a long trip to Australia with her new partner and a spiteful ex-husband claimed that she had abandoned the property :scared:

[Inca]

Re: Tenant wishes to leave early from lease

My old man (ex) only realised I'd left him when he ran out of clean shirts msl:...no,,really

[labman]

Re: Tenant wishes to leave early from lease

Abandonment and 'implied surrender' appear to be the same thing.

http://www.letlink.co.uk/articles/su...surrender.html

"Surrenders can also be implied or operate as a matter of circumstances - this is also called 'surrender by operation of law'.
Surrender will occur in this way where, for example, the tenant returns the keys to the landlord who then accepts them with the implication that the tenancy has come to an end. Similarly, surrender can also be implied when the tenant removes from the premises all signs of occupation, including furniture, belongings and any family or friends - or animals - who were living with him. This situation is called 'abandonment' and is discussed further below.

:beagle:

[Inca]

Re: Tenant wishes to leave early from lease

Well,,because you were both right in different ways TB & PB I learned something new

[PlanB]

Re: Tenant wishes to leave early from lease

surrender can also be implied when the tenant removes from the premises all signs of occupation, including furniture, belongings and any family or friends - or animals - who were living with him.

^^^^ So the moral of that story is (a) never let in bailiffs, and (b) always leave the cat behind

[labman]

Re: Tenant wishes to leave early from lease

^^^^ So the moral of that story is (a) never let in bailiffs, and (b) always leave the cat behind

....... or the lab!

[Inca]

Re: Tenant wishes to leave early from lease

Nooooooo not the cat or a doggy.........leave the budgie :rofl:

[labman]

Re: Tenant wishes to leave early from lease

....... or a Parrot!!!!! :evil::evil::evil:

[FlamingParrot]

Re: Tenant wishes to leave early from lease

....... or a Parrot!!!!! :evil::evil::evil:

Preferably one that swears and pecks hard! msl: msl: msl:



:grin: :grin: :grin: :grin: :grin:

[charitynjw]

Re: Tenant wishes to leave early from lease

I wouldn't want to have to appear before that beak!!:scared::shocked::eek2::bolt:

[Trixie Pixie]

Re: Tenant wishes to leave early from lease

Yes Plan B it is :-)

Can I ask a question now to see if I can cause a better argument?

An agency to found a tenant for someone to rent their property, they moved in and at this point the agent decided to get the Tenancy Agreement signed, as well as going to do an Inventory but forgot the latter. The agency got the lead tenants name incorrect on the Short Term (6 month) Tenancy Agreement, so instead of John it was Peter Jones. The partner of the man renting had been made bankrupt and didn't want to be on the tenancy (nor did the landlord know about this) so, instead of the lead tenant signing it as he was 'apparently' away working the bankrupt tenant signed it in her name but PP her husbands name. Also a dog joined the house which was also a no no.

When they moved in there was a lot of moaning about the cooker not working when it was a year old, the hob not working when it was 6 months old, so, all were taken out and paid for by the landlord, as was a cleaner before they moved in (it was the tenant that cleaned and charged £125) that the landlord didnt know! The carpets cleaned (already had been done), cleaning had been done, house was perfect to move into without a new hob, etc... But, since the landlord decided to leave the first months rent with the agent to do 'bit and pieces' to the house like, a new pane of glass was needed, and things like that...

The tenant then decided to move out 1 month later saying that the agent was rubbish and that they had just decided to move. No notice, no rent, nothing and as the money now has to go into the DPS (Deposit Protection Service) the bond can not be touched for a further 12 days from today (was longer as it has to be in for at least 1 month) The tenants can quite rightly argue the name situation. This leaves the landlord with no rent for this month and a house that hasn't been cleaned, carpets not cleaned and smells of dog pee, its not the best situation. I am unsure of where this stands law wise?

Also, the agent (one man band) has walked away and wants nothing to do with it all!!!

[Inca]

Re: Tenant wishes to leave early from lease

Preferably one that swears and pecks hard! msl: msl: msl:



:grin: :grin: :grin: :grin: :grin:

Now that picture really is the stuff of my nightmares....

[PlanB]

Re: Tenant wishes to leave early from lease

I'll look at this in depth tomorrow. A lot will depend on where (i.e. what location) the tenancy agreement was signed and whether the signature was witnessed. If it was in the agent's office and the agent witnessed the signature as being that of the "Tenant" it may not matter if it was a dog's paw print dipped in ink it could still be legally binding and the tenant will owe all the rent

But if they haven't got the money you may find it easier to go after the agent for professional negligence if they agreed to an unlawful contract. If the agent is a member of the Property Ombudsman scheme you can make a complaint to them (more later) and they can order the agent to pay compensation if appropriate.

I'll be back tomorrow