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  3. Damn Them Tenants!

Damn Them Tenants!

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  • D Offline
    D Offline
    Dalek Dave
    wrote on last edited by
    #1

    My tenants have recently signed a 6 month lease and now they want to be released early. I could force them to fulfil the contract, the law is on my side, but one must be practical. They would resent being tied there and I suspect damage would be done and a lot of ill-feeling. However, I do not wish to be out of pocket, so I think the best compromise is to let them go, but make them pay the fees generated on installing the next bunch. They would also have to be responsible for the property until the new tenants sign and take over. I don't suppose they would be entirely happy about this but a) I have a £1000 in deposit and b) it beats being forced into contractual obligations. Morally and Legally I am in the right, but these things so often break down into squabbles and recriminations. Being a landlord is so much hassle that I sometimes wonder if it is worth it. (Until rent day, and when the money hits the account I realise that it is!) I am going to see them this evening to make my proposal, I hope they just accept it and we can all move on.

    --------------------------------- I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave CCC Link[^]

    M R L E A 8 Replies Last reply
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    • D Dalek Dave

      My tenants have recently signed a 6 month lease and now they want to be released early. I could force them to fulfil the contract, the law is on my side, but one must be practical. They would resent being tied there and I suspect damage would be done and a lot of ill-feeling. However, I do not wish to be out of pocket, so I think the best compromise is to let them go, but make them pay the fees generated on installing the next bunch. They would also have to be responsible for the property until the new tenants sign and take over. I don't suppose they would be entirely happy about this but a) I have a £1000 in deposit and b) it beats being forced into contractual obligations. Morally and Legally I am in the right, but these things so often break down into squabbles and recriminations. Being a landlord is so much hassle that I sometimes wonder if it is worth it. (Until rent day, and when the money hits the account I realise that it is!) I am going to see them this evening to make my proposal, I hope they just accept it and we can all move on.

      --------------------------------- I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave CCC Link[^]

      M Offline
      M Offline
      Matthew Faithfull
      wrote on last edited by
      #2

      They're lucky to have such a reasonable landlord. I've had many and they've ranged from fantastic to 'I can't belive he just said that' comedy villains and from scarily involved to pathalogically disinterested. I think good landlords are about as common as good tenants, about 2/1 with hens teeth and rocking horse poo.

      "The secret of happiness is freedom, and the secret of freedom, courage." Thucydides (B.C. 460-400)

      D 1 Reply Last reply
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      • M Matthew Faithfull

        They're lucky to have such a reasonable landlord. I've had many and they've ranged from fantastic to 'I can't belive he just said that' comedy villains and from scarily involved to pathalogically disinterested. I think good landlords are about as common as good tenants, about 2/1 with hens teeth and rocking horse poo.

        "The secret of happiness is freedom, and the secret of freedom, courage." Thucydides (B.C. 460-400)

        D Offline
        D Offline
        Dalek Dave
        wrote on last edited by
        #3

        I am a good landlord, I have effected repairs swiftly, given advice and instructions to help the tenants, and in one case even lent one tenant part of the deposit for his next property (They were upsizing due to new baby and were just shy of the new deposit. They repaid it a few weeks later). No point upsetting the tenants without reason, you want them to look after the property and a good long term tenant who pays on time is worth his or her weight in gold. Are you looking for somewhere to rent? :)

        --------------------------------- I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave CCC Link[^]

        M 1 Reply Last reply
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        • D Dalek Dave

          My tenants have recently signed a 6 month lease and now they want to be released early. I could force them to fulfil the contract, the law is on my side, but one must be practical. They would resent being tied there and I suspect damage would be done and a lot of ill-feeling. However, I do not wish to be out of pocket, so I think the best compromise is to let them go, but make them pay the fees generated on installing the next bunch. They would also have to be responsible for the property until the new tenants sign and take over. I don't suppose they would be entirely happy about this but a) I have a £1000 in deposit and b) it beats being forced into contractual obligations. Morally and Legally I am in the right, but these things so often break down into squabbles and recriminations. Being a landlord is so much hassle that I sometimes wonder if it is worth it. (Until rent day, and when the money hits the account I realise that it is!) I am going to see them this evening to make my proposal, I hope they just accept it and we can all move on.

          --------------------------------- I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave CCC Link[^]

          L Offline
          L Offline
          Lost User
          wrote on last edited by
          #4

          Dalek Dave wrote:

          6 month lease

          Is that part of an "assured shorthold tenancy" agreement?

          Dalek Dave wrote:

          I have a £1000 in deposit

          If assured shorthold tenancy, I trust you have placed those funds into a tenancy deposit protection scheme.

          D 1 Reply Last reply
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          • D Dalek Dave

            My tenants have recently signed a 6 month lease and now they want to be released early. I could force them to fulfil the contract, the law is on my side, but one must be practical. They would resent being tied there and I suspect damage would be done and a lot of ill-feeling. However, I do not wish to be out of pocket, so I think the best compromise is to let them go, but make them pay the fees generated on installing the next bunch. They would also have to be responsible for the property until the new tenants sign and take over. I don't suppose they would be entirely happy about this but a) I have a £1000 in deposit and b) it beats being forced into contractual obligations. Morally and Legally I am in the right, but these things so often break down into squabbles and recriminations. Being a landlord is so much hassle that I sometimes wonder if it is worth it. (Until rent day, and when the money hits the account I realise that it is!) I am going to see them this evening to make my proposal, I hope they just accept it and we can all move on.

            --------------------------------- I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave CCC Link[^]

            R Offline
            R Offline
            Rhys Gravell
            wrote on last edited by
            #5

            As a tenant, it's my understanding that a landlord has only a few options regarding ending a tenancy early. You can agree to early ending of the tenancy or you can; Continue to enforce payments from the tenant, as the tenant is liable until the tenancy is legally terminated The tenant can provide a new tenant BUT the tenant has to be acceptable to you, and until then the tenant is completely liable You can choose to break the tenancy by suggesting that a financial settlement be made i.e. if they owe 7 months – you will settle for 4 months You can find a new tenant, and hold the tenant liable for the costs of finding the tenant (advertising, agency fees etc). If at any point you approve the actions of the tenant vacating early, then they can legally stop paying the rent. I'd be wary of witholding deposit as it will be protected[^] and there could be all kinds of muck and nonsense about that though I'm not entirely clear on that front. [edit]Just a thought but yes, you could with agreement agree to break the tenancy by suggesting that a financial settlement be made that is equal to the deposit and that the deposit be utilised for this purpose, but if you do that, get a signature on it[/edit]

            Rhys "If you ever start taking things too seriously, just remember that we are talking monkeys on an organic spaceship flying through the Universe"

            D J 2 Replies Last reply
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            • L Lost User

              Dalek Dave wrote:

              6 month lease

              Is that part of an "assured shorthold tenancy" agreement?

              Dalek Dave wrote:

              I have a £1000 in deposit

              If assured shorthold tenancy, I trust you have placed those funds into a tenancy deposit protection scheme.

              D Offline
              D Offline
              Dalek Dave
              wrote on last edited by
              #6

              Yes and Yes.

              --------------------------------- I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave CCC Link[^]

              1 Reply Last reply
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              • R Rhys Gravell

                As a tenant, it's my understanding that a landlord has only a few options regarding ending a tenancy early. You can agree to early ending of the tenancy or you can; Continue to enforce payments from the tenant, as the tenant is liable until the tenancy is legally terminated The tenant can provide a new tenant BUT the tenant has to be acceptable to you, and until then the tenant is completely liable You can choose to break the tenancy by suggesting that a financial settlement be made i.e. if they owe 7 months – you will settle for 4 months You can find a new tenant, and hold the tenant liable for the costs of finding the tenant (advertising, agency fees etc). If at any point you approve the actions of the tenant vacating early, then they can legally stop paying the rent. I'd be wary of witholding deposit as it will be protected[^] and there could be all kinds of muck and nonsense about that though I'm not entirely clear on that front. [edit]Just a thought but yes, you could with agreement agree to break the tenancy by suggesting that a financial settlement be made that is equal to the deposit and that the deposit be utilised for this purpose, but if you do that, get a signature on it[/edit]

                Rhys "If you ever start taking things too seriously, just remember that we are talking monkeys on an organic spaceship flying through the Universe"

                D Offline
                D Offline
                Dalek Dave
                wrote on last edited by
                #7

                Rhys Gravell wrote:

                You can choose to break the tenancy by suggesting that a financial settlement be made i.e. if they owe 7 months – you will settle for 4 months

                This is one option I am looking at.

                Rhys Gravell wrote:

                You can find a new tenant, and hold the tenant liable for the costs of finding the tenant (advertising, agency fees etc).

                This is the preferred option and the one that I am proposing.

                Rhys Gravell wrote:

                I'd be wary of witholding deposit as it will be protected[^] and there could be all kinds of muck and nonsense about that though I'm not entirely clear on that front.

                I am aware of this, but I can make applications for costs against it to the holding company and can force delays in release until handover signing is complete. It is very much like Escrow, neither of us can get the money unless we both agree.

                --------------------------------- I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave CCC Link[^]

                R K 2 Replies Last reply
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                • D Dalek Dave

                  I am a good landlord, I have effected repairs swiftly, given advice and instructions to help the tenants, and in one case even lent one tenant part of the deposit for his next property (They were upsizing due to new baby and were just shy of the new deposit. They repaid it a few weeks later). No point upsetting the tenants without reason, you want them to look after the property and a good long term tenant who pays on time is worth his or her weight in gold. Are you looking for somewhere to rent? :)

                  --------------------------------- I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave CCC Link[^]

                  M Offline
                  M Offline
                  Matthew Faithfull
                  wrote on last edited by
                  #8

                  Dalek Dave wrote:

                  Are you looking for somewhere to rent?

                  Not at the moment but I could be anywhere in the country for my next contract unless I can get one in the midlands soon. I'll look you up when they want me somewhere and its 'Of course you can start next week can't you'. :)

                  "The secret of happiness is freedom, and the secret of freedom, courage." Thucydides (B.C. 460-400)

                  A 1 Reply Last reply
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                  • D Dalek Dave

                    Rhys Gravell wrote:

                    You can choose to break the tenancy by suggesting that a financial settlement be made i.e. if they owe 7 months – you will settle for 4 months

                    This is one option I am looking at.

                    Rhys Gravell wrote:

                    You can find a new tenant, and hold the tenant liable for the costs of finding the tenant (advertising, agency fees etc).

                    This is the preferred option and the one that I am proposing.

                    Rhys Gravell wrote:

                    I'd be wary of witholding deposit as it will be protected[^] and there could be all kinds of muck and nonsense about that though I'm not entirely clear on that front.

                    I am aware of this, but I can make applications for costs against it to the holding company and can force delays in release until handover signing is complete. It is very much like Escrow, neither of us can get the money unless we both agree.

                    --------------------------------- I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave CCC Link[^]

                    R Offline
                    R Offline
                    Rhys Gravell
                    wrote on last edited by
                    #9

                    Dalek Dave wrote:

                    It is very much like Escrow, neither of us can get the money unless we both agree.

                    As a tenant I very much know this lol See my previous edit, you could suggest a financial settlement equal to the deposit amount and get it in writing (signed) that the tenant accepts this and forfits said deposit for the purpose of agreement to end the tenancy early.

                    Rhys "If you ever start taking things too seriously, just remember that we are talking monkeys on an organic spaceship flying through the Universe"

                    1 Reply Last reply
                    0
                    • D Dalek Dave

                      My tenants have recently signed a 6 month lease and now they want to be released early. I could force them to fulfil the contract, the law is on my side, but one must be practical. They would resent being tied there and I suspect damage would be done and a lot of ill-feeling. However, I do not wish to be out of pocket, so I think the best compromise is to let them go, but make them pay the fees generated on installing the next bunch. They would also have to be responsible for the property until the new tenants sign and take over. I don't suppose they would be entirely happy about this but a) I have a £1000 in deposit and b) it beats being forced into contractual obligations. Morally and Legally I am in the right, but these things so often break down into squabbles and recriminations. Being a landlord is so much hassle that I sometimes wonder if it is worth it. (Until rent day, and when the money hits the account I realise that it is!) I am going to see them this evening to make my proposal, I hope they just accept it and we can all move on.

                      --------------------------------- I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave CCC Link[^]

                      E Offline
                      E Offline
                      Ennis Ray Lynch Jr
                      wrote on last edited by
                      #10

                      Every landlord I had where the rent was over 800/month was a nightmare, and under, was a Saint. I think that is the dividing line between were most are either making money on a property or losing. (80% of a mortgage is losing money, yall) That said, I had a landlord once for a 6 month lease (6 months), stayed nine with month to month on the last three. When I gave notice, my landlord declared (incorrectly according to our written contract) that I could only give notice on the first of the month and would have to wait 25 days to give "proper notice", then after my leaving was resolved (and we had a satisfactory walk through) I get a list of "repars" 1) Walls needed to be repainted (Written agreement before I moved in saying landlord didn't have to paint for me because I didn't care) 2) Lawn was destroyed (Landlord allowed the neighbor to park his Tow Truck on the lawn 3) AC Unit destroyed because of lack of cleaning the vent (She sent pictures boy was that nasty) didn't know you could get 15 years of build-up in 9 months ... oh wait you can't. Sent the required letter demanding my deposit, it was returned as undeliverable, sent again (both times certified) again returned. She absconded with $2,000 in my deposit. Long story short ... Landlords get little sympathy from me because it is a terrible boat to be in no matter who is doing the rowing.

                      Need custom software developed? I do custom programming based primarily on MS tools with an emphasis on C# development and consulting. "And they, since they Were not the one dead, turned to their affairs" -- Robert Frost "All users always want Excel" --Ennis Lynch

                      D 1 Reply Last reply
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                      • D Dalek Dave

                        My tenants have recently signed a 6 month lease and now they want to be released early. I could force them to fulfil the contract, the law is on my side, but one must be practical. They would resent being tied there and I suspect damage would be done and a lot of ill-feeling. However, I do not wish to be out of pocket, so I think the best compromise is to let them go, but make them pay the fees generated on installing the next bunch. They would also have to be responsible for the property until the new tenants sign and take over. I don't suppose they would be entirely happy about this but a) I have a £1000 in deposit and b) it beats being forced into contractual obligations. Morally and Legally I am in the right, but these things so often break down into squabbles and recriminations. Being a landlord is so much hassle that I sometimes wonder if it is worth it. (Until rent day, and when the money hits the account I realise that it is!) I am going to see them this evening to make my proposal, I hope they just accept it and we can all move on.

                        --------------------------------- I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave CCC Link[^]

                        A Offline
                        A Offline
                        Albert Holguin
                        wrote on last edited by
                        #11

                        Try to be fair and reasonable... I've had a landlord be an ass**** about everything and that was definitely not cool. On the other hand, I've had very good experiences and it sure gives you hope for humanity. I've never had to break a lease but I imagine if I had to, I'd expect to have to pay some sort of penalty (well, I own now so don't have to worry about that)... keep in mind that they also have to pay to move in somewhere else so you can't completely screw them over. Good luck :)

                        1 Reply Last reply
                        0
                        • E Ennis Ray Lynch Jr

                          Every landlord I had where the rent was over 800/month was a nightmare, and under, was a Saint. I think that is the dividing line between were most are either making money on a property or losing. (80% of a mortgage is losing money, yall) That said, I had a landlord once for a 6 month lease (6 months), stayed nine with month to month on the last three. When I gave notice, my landlord declared (incorrectly according to our written contract) that I could only give notice on the first of the month and would have to wait 25 days to give "proper notice", then after my leaving was resolved (and we had a satisfactory walk through) I get a list of "repars" 1) Walls needed to be repainted (Written agreement before I moved in saying landlord didn't have to paint for me because I didn't care) 2) Lawn was destroyed (Landlord allowed the neighbor to park his Tow Truck on the lawn 3) AC Unit destroyed because of lack of cleaning the vent (She sent pictures boy was that nasty) didn't know you could get 15 years of build-up in 9 months ... oh wait you can't. Sent the required letter demanding my deposit, it was returned as undeliverable, sent again (both times certified) again returned. She absconded with $2,000 in my deposit. Long story short ... Landlords get little sympathy from me because it is a terrible boat to be in no matter who is doing the rowing.

                          Need custom software developed? I do custom programming based primarily on MS tools with an emphasis on C# development and consulting. "And they, since they Were not the one dead, turned to their affairs" -- Robert Frost "All users always want Excel" --Ennis Lynch

                          D Offline
                          D Offline
                          Dalek Dave
                          wrote on last edited by
                          #12

                          I rented many years ago and swore I would never be like the landlords I had! Well, to be fair, there was only one who was really bad, but a couple who just didn't care and one who was a diamond in the rough. Now that I am the other side of the relationship I decided what sort I would be and have generally stuck to it. I charge £650 pcm ($1000) for a 2 bed ground floor flat (Apartment as the USians would say) and keep it well maintained. The tenants I have had over the years have all been ok, no real nightmares and this is the first time I have had to deal with a 'Breaker'. (There have been cases where I have let them go a few weeks early but not five months!) Still, so long as they pay up then all is well.

                          --------------------------------- I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave CCC Link[^]

                          A 1 Reply Last reply
                          0
                          • D Dalek Dave

                            I rented many years ago and swore I would never be like the landlords I had! Well, to be fair, there was only one who was really bad, but a couple who just didn't care and one who was a diamond in the rough. Now that I am the other side of the relationship I decided what sort I would be and have generally stuck to it. I charge £650 pcm ($1000) for a 2 bed ground floor flat (Apartment as the USians would say) and keep it well maintained. The tenants I have had over the years have all been ok, no real nightmares and this is the first time I have had to deal with a 'Breaker'. (There have been cases where I have let them go a few weeks early but not five months!) Still, so long as they pay up then all is well.

                            --------------------------------- I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave CCC Link[^]

                            A Offline
                            A Offline
                            Albert Holguin
                            wrote on last edited by
                            #13

                            Dalek Dave wrote:

                            there was only one who was really bad,

                            I only had one real bad one too but it's amazing how it sticks in your memory.

                            D 1 Reply Last reply
                            0
                            • A Albert Holguin

                              Dalek Dave wrote:

                              there was only one who was really bad,

                              I only had one real bad one too but it's amazing how it sticks in your memory.

                              D Offline
                              D Offline
                              Dalek Dave
                              wrote on last edited by
                              #14

                              Yeah, I remember that tosser far more than the average ones.

                              --------------------------------- I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave CCC Link[^]

                              1 Reply Last reply
                              0
                              • M Matthew Faithfull

                                Dalek Dave wrote:

                                Are you looking for somewhere to rent?

                                Not at the moment but I could be anywhere in the country for my next contract unless I can get one in the midlands soon. I'll look you up when they want me somewhere and its 'Of course you can start next week can't you'. :)

                                "The secret of happiness is freedom, and the secret of freedom, courage." Thucydides (B.C. 460-400)

                                A Offline
                                A Offline
                                Albert Holguin
                                wrote on last edited by
                                #15

                                Matthew Faithfull wrote:

                                you can start next week can't you

                                Isn't that always the case... but I guess "more work, now" is better than no work at all.

                                M 1 Reply Last reply
                                0
                                • D Dalek Dave

                                  My tenants have recently signed a 6 month lease and now they want to be released early. I could force them to fulfil the contract, the law is on my side, but one must be practical. They would resent being tied there and I suspect damage would be done and a lot of ill-feeling. However, I do not wish to be out of pocket, so I think the best compromise is to let them go, but make them pay the fees generated on installing the next bunch. They would also have to be responsible for the property until the new tenants sign and take over. I don't suppose they would be entirely happy about this but a) I have a £1000 in deposit and b) it beats being forced into contractual obligations. Morally and Legally I am in the right, but these things so often break down into squabbles and recriminations. Being a landlord is so much hassle that I sometimes wonder if it is worth it. (Until rent day, and when the money hits the account I realise that it is!) I am going to see them this evening to make my proposal, I hope they just accept it and we can all move on.

                                  --------------------------------- I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave CCC Link[^]

                                  P Offline
                                  P Offline
                                  peterchen
                                  wrote on last edited by
                                  #16

                                  You could ask them to bring in successors.

                                  ORDER BY what user wants

                                  D 1 Reply Last reply
                                  0
                                  • A Albert Holguin

                                    Matthew Faithfull wrote:

                                    you can start next week can't you

                                    Isn't that always the case... but I guess "more work, now" is better than no work at all.

                                    M Offline
                                    M Offline
                                    Matthew Faithfull
                                    wrote on last edited by
                                    #17

                                    It certainly is, I'll be suitably grateful when it comes my way, I'm always busier when I'm not doing paid work anyway.

                                    "The secret of happiness is freedom, and the secret of freedom, courage." Thucydides (B.C. 460-400)

                                    1 Reply Last reply
                                    0
                                    • P peterchen

                                      You could ask them to bring in successors.

                                      ORDER BY what user wants

                                      D Offline
                                      D Offline
                                      Dalek Dave
                                      wrote on last edited by
                                      #18

                                      I prefer to vet who goes in the property. (Credit checks and references etc). If they just put in anyone it could lead to trouble.

                                      --------------------------------- I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave CCC Link[^]

                                      P M 2 Replies Last reply
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                                      • D Dalek Dave

                                        I prefer to vet who goes in the property. (Credit checks and references etc). If they just put in anyone it could lead to trouble.

                                        --------------------------------- I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave CCC Link[^]

                                        P Offline
                                        P Offline
                                        peterchen
                                        wrote on last edited by
                                        #19

                                        That's presumed. The task would be to bring someone you'd accept. (It's a common practice over here if you want to get out of a lease early. Not a good one, but common...) On second thought, that seems like a bit too much to ask :)

                                        ORDER BY what user wants

                                        1 Reply Last reply
                                        0
                                        • D Dalek Dave

                                          My tenants have recently signed a 6 month lease and now they want to be released early. I could force them to fulfil the contract, the law is on my side, but one must be practical. They would resent being tied there and I suspect damage would be done and a lot of ill-feeling. However, I do not wish to be out of pocket, so I think the best compromise is to let them go, but make them pay the fees generated on installing the next bunch. They would also have to be responsible for the property until the new tenants sign and take over. I don't suppose they would be entirely happy about this but a) I have a £1000 in deposit and b) it beats being forced into contractual obligations. Morally and Legally I am in the right, but these things so often break down into squabbles and recriminations. Being a landlord is so much hassle that I sometimes wonder if it is worth it. (Until rent day, and when the money hits the account I realise that it is!) I am going to see them this evening to make my proposal, I hope they just accept it and we can all move on.

                                          --------------------------------- I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave CCC Link[^]

                                          A Offline
                                          A Offline
                                          AspDotNetDev
                                          wrote on last edited by
                                          #20

                                          My 12-month lease says I can exit it at any time... I just have to pay 2-months worth of rent if I choose to do so (and I lose any deals I got when I signed the lease, such as a monthly discount).

                                          Thou mewling ill-breeding pignut!

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