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My tenant had a 12 month fixed term agreement, which went well and was ended properly by the agency, but then things got a bit complicated and now I'm not sure how to proceed, so I'm putting this out there looking for advice.
I put the property up for sale just before the tenancy ended, and the tenant put in an offer to buy it, which I accepted. Anticipating a quick sale, I instructed the agency to end the tenancy and return the deposit, and then I told the tenant not to bother moving out as we were hoping to get the sale done in a few weeks.
Fast forward three months and after loads of delays the tenant has finally decided not to buy the house and has moved out. I only let them stay there beyond the agreement as a courtesy as they were buying the house, but now that three months have passed without any rent, and they have decided not to buy it, I would like them to pay the outstanding three month's rent.
A quick google says that a fixed tenancy automatically turns into a periodic tenancy when it expires - is this what has happened here? Or have I changed that somehow?
Am I within my rights to ask for this backdated rent? How do I chase it if the tenant refuses, especially as they have now left?
The original tenancy might have turned into a rolling tenancy but it sounds as though actually you brought it to an end … so they weren’t overstaying, just being a guest.
Unless they signed something saying they were only living there rent free because they were buying the place , and agreed to pay the rent if they didn’t end up buying .. I’d say you’re SOL tbh
Looks like you gave them a rent free period, unless you agreed that if they failed to buy rent would be payable then it sounds like theres nothing owing.
Yeah it's a pretty unanimous response so far. This is a lesson learned I guess
Sorry this happened to you. You seem a decent sort. I'm a Tenant and would have really appreciated what you did. Don't let this turn your mood/change the way you treat future tenants. There are those who would have appreciated this a lot. You did the tenant a good turn, so maybe you could reach out and ask for half of what you think is owed to part on good terms or something? If it was me, I'd feel pretty bad about it and would definitely pay. If you get no response or they say no, I guess they you could take everyone else's advice and take it as a lesson, though I am very sorry this happened to you.
>Anticipating a quick sale, I instructed the agency to end the tenancy and return the deposit, and then I told the tenant not to bother moving out as we were hoping to get the sale done in a few weeks.
Jesus christ why
Yeah I think you are better off just accepting your loss here and taking it as a lesson learned.
Chalk it up to experience and move on.
When you say brought to an end, precisely how was this done? (Notice, surrender?)
do you have the paperwork? And what does it say
If the tenant had of left & someone else was buying it, it would have been empty for 3 months and the random person buying pulled out, you'd be in exactly the same position so don't see it as your 3 months down on rent, you wouldn't have been getting that money anyway if it was someone else who did it... Harsh lesson but even if it's family, you get a contract and set out terms for all eventualities, protect yourself.
I didn't think you really lost out on much. If you had got them to move out, you would have had to clear it out and make it ready for viewings etc. Then if you accepted this tenants offer you would be waiting a few months with it empty for the deal to close, possibly having insurance issues due to it being vacant. Then when it fell through you would be where you are now.
The tenants got 3 months free, and the potential to have a smooth rent to own transition, but giving them that didn't really cost you anything and you couldn't really have got much more doing anything else.
Going forward making a rent rebate conditional, or covering yourself if the deal falls through is a good idea, but this doesn't sound like a very common scenario.
Where were the tenets form. This may impact your rights
Honestly, this is a classic example of why landlords should have to be examined and licensed before they are permitted to let a property.