Q:Wonder if someone can help for a friend of mine.
She owns a BTL house and has had tenants in it for the past year. Last month they signed a 6 month rental agreement. This week she has had a letter from them saying they have been offered a council property and giving her a months notice. My friend wants to know if they can do this since they signed a 6 month agreement only mid July. If they move out, do they owe her the rent till the contract is up? And if it is the case that they do and refuse to pay what can she do about it?
www.landlordzone.co.uk (http://www.landlordzone.co.uk)
If less than £5000 then yes, but in practice the court would just order the CCJ to be paid at a token rate (e.g. £1 per month) if they were on a low income.
If the contract says they can leave then they can leave. If the contract says they can't then they can't, but if they did it would be up to your friend to enforce it, and the law is quite restricted on what you can do to enforce it. Tough luck if they're poor, basically.
My sympathy for your friend is not eased by the bitter experiences I have had with landlords in the past.
AFAIK the old tenant would also be responsible for the advertising costs of finding new tenants as this cost has only been incurred as a result of the old tenants backing out of their signed contract.
It may be worth reminding the old tenants that they have obligations and failure to pay the rent will result in possible legal action and a CCJ/ baliffs etc. They may well think that the council acts like god and giving them a council flat property means they have no obligations to the landlord.
If they are in receipt of housing benefit, this will cease when they move out, so securing further rent payments may be hard.
No point taking people to court with no money (unless you just want revenge). More costs and hassle than it is worth.
Would it be covered by 'small claims' and hence reasonably cheap?
AFAIK the old tenant would also be responsible for the advertising costs of finding new tenants as this cost has only been incurred as a result of the old tenants backing out of their signed contract.
It may be worth reminding the old tenants that they have obligations and failure to pay the rent will result in possible legal action and a CCJ/ baliffs etc. They may well think that the council acts like god and giving them a council flat property means they have no obligations to the landlord.
If they are in receipt of housing benefit, this will cease when they move out, so securing further rent payments may be hard.
No point taking people to court with no money (unless you just want revenge). More costs and hassle than it is worth.
If last year, they can leave by giving 1 month's notice.
If July 2007, your friend is legally obliged to minimise the TENANTS losses by finding new tenants ASAP. the tenants are responsible for the rent until new tenants are found or the 6 months are completed (whichever is sooner).
In practise, it gets much messier than that.
GG