Singing Pig

In some ways, why would you want to keep a tenant who has already decided in a few months that he doesnt like the property, cant/wont pay for it.

I'd say that although he legally has to pay for 6 months, if you can find another tenant to move in before the  6 months is up, then he can go - then I'd deduct advertising costs etc from any remaining deposit. Also, keep it friendly and polite, he is stilliving in your house for the forseebale future!

Can I ask a slightly different question?

Scenario:  A tenant provides notice (correctly) & pays up to the end of the tenancy, but then leaves the property before the date he's paid up to (& informs me in writing).  I then advertise the prop & the next tenant moves in to the prop BEFORE the date that the previous tenant has paid up to.  The previous tenant is therefore entitled to a refund of the number of days rent that is overlapped with the new tenant.

Question:  Is the landlord allowed to deduct advertising costs from the rent refund?  Effectively, the tenant has moved out of the prop before the end of the tenancy, but the landlord has mitigated any losses by re-tenanting the prop ASAP ... which has resulted in a REFUND to the tenant.  Therefore I would expect that reasonable advertising costs can be charged to the tenant as he has ultimately benefited (in this case, he received 2 weeks rent refund).  If not, there is no incentive for a landlord to get a tenant into the prop any faster than within a "reasonable" timescale. 

Pod:

Question:  Is the landlord allowed to deduct advertising costs from the rent refund?  Effectively, the tenant has moved out of the prop before the end of the tenancy, but the landlord has mitigated any losses by re-tenanting the prop ASAP ... which has resulted in a REFUND to the tenant.  Therefore I would expect that reasonable advertising costs can be charged to the tenant as he has ultimately benefited (in this case, he received 2 weeks rent refund).  If not, there is no incentive for a landlord to get a tenant into the prop any faster than within a "reasonable" timescale. 

Although a commercial tenancy, the principle stands for all tenancies: the Court of Appeal has ruled that a landlord is under no obligation to mitigate his losses.Reichman and Dunn -v- Beveridge and Gauntlett [2006] EWCA 1659

The tenant wished to end the contract early, thus it is up to them (not the landlord) to pay all the costs of finding a new tenant. Until such time as this is done, full rent is due and payable.

Thus you can charge all your costs (advertising, agents fees, utilities while vacant - inc business rates if levied by the council etc).

The tenant might moan, and they are free to take legal action if they wish. Charge the lot, then if they sue just quote the case above and what the full rent liability would have been if you hadn't been bothered to help the tenant.

We charge the rent till its re-let and re-letting fees - usually around £70-200 (depending upon agent).

However, we have had several who have surrendered the tenancy and gone awol so we are now insisting that they a) stay until its re-let - its easier to get rent when you know where they are! or b) they can leave but have to pay everything up front and we will then reimburse the unused portion when its re-let.

Lisa

Lisa, / David A .... thanks .

in most cases I ask tenants to pay up their contract in advance ... only had a couple of instances where this was refused. the vast majority have guarantors & i also write to the guarantor to explain the situation & put them on notice that they may be required to fulfil their guarantee. 

the last guy was not happy that we had deducted 2 weeks of adverts (£75) from his £300 rent rebate.  to be honest, i was staggered at his attitude .... since we had re-tenanted the prop 3 days after the moved out, thereby saving him £300, less fees ... net £225 refund.  i did ask him over the phone if he would have preferred me to have selected the other tenant & not charged him any advert costs .... but then, he would have received zilch as the other potential tenant would have moved in AFTER his tenancy expired .... and, incredibly, he said he "wasn't bothered"!  the whole thing just made me think "why do i bother?" .... far easier to let his paid-up tenany run to the end & THEN move next tenant in. 

but, glad to confirm the position.  i think from now on i won;t bother moving a tenant in if the existing tenant has paid up his contract ... it's not appreciated by ex-tenants & i can't be bothered with the hassle.  the guy in question above should be buying me a pint for saving him £225, but all i get is abuse! 

tch ... it's a funny old world.