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My tenant after a few months waiting has been offered a council house (council owned) in new area nearer her new job to save hundreds in travel per month, at four days notice to start paying rent. If she didn't agree to pay rent in 4 days, she missed out on that house. She couldn't hand in notice before, as she had no-where to go.
Due to this she agreed terms to move to new house on the four day terms.
Meanwhile she has 28 day notice with me.
I feel the council has put her in a difficult position - debt or the house she needs. Personally, and maybe I am too generous, I find a good tenant, sign agreement and take deposit, but fully expect the tenancy to take a month as they have to give notice - and I loose a months rent.
Council claims no responsibility here - yet I as a landlord have a duty to report anyone in arrears on rent or in debt due to, so that the same council can help them out....
So, cold hard nails Landlord and keep the deposit for early termination, or help her get out and move on to new tenant?
How easy do you think it'll be to get another tenant? Could you perhaps compromise and refund the 4/28th's deposit, keep the rest in leu of notice with the agreement that if you get a new tenant in within the month you will refund the remaining? That way no-one loses out, providing house doesn't need repair / deep clean etc. I don't know how this stands with landlords legal requirement re deposits...
Surely she can pay you the extra months rent out of the hundreds per month that she'll be saving on travel?
Is she on housing benefit? I seem to recall that they will permit overlapping claims for a month in this scenario.
I am going to stand my ground - she will be able as you say to pay due to savings in travel.
I just feel a tad narked at the council behaving like this - forcing folk to choose debt or the house they have waited months for.
I would have said if she is trustworthy to let her pay what she owes over a couple of months, so you don't lose out and she doesn't have double the rent to pay in one month, but then you said
loose
so instead I'll declare you an evil slumlord and whatever action you take to be despicable.
😝
...nearer her new job to save hundreds in travel per month
Happy days. She’ll not be that bothered then I wouldn’t have thought ?
If you find a tenant who can move in before her notice is up you would have to refund her the difference. If you explain this to her maybe she will help you find a new tenant?
Already have...
Her new rent will be s ton cheaper, surely she can afford it?
It's the contract she signed up to also.
Most district housing stock is now managed by a third party company, is this the case here?
I just feel a tad narked at the council behaving like this – forcing folk to choose debt or the house they have waited months for.
I see what you are saying. But (1) Council budgets are rather tight so the idea you might not "sweat the asset" is likely to raise some eyebrows - its your money they are spending as efficiently as possible; (2) Council housing waiting lists are usually huge. Imagine you were slightly further down that list and discovered the house you want is sitting empty and unpaid for because someone is paying a private landlord their notice; (3) if its ok to wait 28 days because that's what your terms are, is it OK to wait 1 month from the next payment because someone else requires that? or 3 months because someone had a minimum term?
and keep the deposit for early termination
Isn't that illegal? I thought you could only use the deposit to pay for damage, not to cover any missed rent.
Give the poor lass a break FFS. It's not her fault that the council have done this and I expect that the deposit is a lot of money to her. Taking that away from her could set her back more than you realise.
How much is the deposit vs a month's rent? Not sure if it's legal but surely if the deposit covers the month;'s rent it's logical not to return the deposit if no notice was given. If I were the tenant I wouldn't expect the deposit back either (unless it was over 1 month's rent and I'd expect that back, minus any damage charges). Does she actually need that deposit money in order to cover the initial rent on the new place?
Give the poor landlord a break FFS. It’s not his fault that the council have done this and I expect that a months lost rent is a lot of money to him. Taking that away from him could set him back more than you realise.
Her new rent will be s ton cheaper, surely she can afford it?
Nope, same amount apparently.
Deposit is a little bit more than the rent.
I am trying to balance the fact that this will cost me hundreds to be generous (I am too much of a wuss to be a landlord really) vs not being know as the b*st*rd landlord in a small place where everyone knows your business - that could cost more than a months rent loss....
Anyway, I have an enquiry from a local family already about renting the place, so we may be able to strike a deal someway.
Give the poor lass a break FFS. It’s not her fault that the council have done this and I expect that the deposit is a lot of money to her. Taking that away from her could set her back more than you realise.
I am deeply aware of that - and the same applies to me as a landlord. For the record my rental made a loss this last year - so this is a cut further to my own personal finances, and that sets me back more than you realise. That said, I am minded to cut a halfway deal with her, seems a fair suggestion that shares the pain.
Few factors:
if you get a new tenant straight away then you aren't losing much
has she been a good long-term tenant? If not then why be generous?
@ PP - I'm guessing the poor lass doesn't have the choice of whether she rents or buys her own home, whereas a landlord does generally have the choice to rent out an additional home to the one they live in.
The OP seems a fair type and I'm sure he will do the decent thing for the lady especially if she has been a good long term tenant and with someone local ready to move in.
You will all be glad to know that as a real loving and gentle landlord I only kept a couple of quid as the kitchen wasn't clean...the rest is back with her today...
Driving that Volvo has made you soft.
Few factors:
Oh god, don't bring the factors into this too.
ask the council who's paying for her month's notice
I have had a phone call with council.
They have no idea they caused an issue.
The council official I spoke to is also the one that partly deals with issues and complaints about private landlords - so me. Trying not to bite the hand that inspects and oversees me...
I suppose the best way to present it to them is what their terms with their own tenants are. Does your former tenant now have a contract that allows them to leave with just 4 days notice? Broadly speaking you'd want/expect that you give the same kind of leeway on entry that you're creating as a responsibility on exit.
My current landlord required 2 months notice on exit - so they didn't get too agitated when we gave ourselves a 2 month window between signing up and moving in.
Broadly speaking you’d want/expect that you give the same kind of leeway on entry that you’re creating as a responsibility on exit.
That is the exact point, put more succinctly than I can...
And no, the Council feel no need to have that as a policy.
I do. And the three other landlords in my building also do.
Council housing stock is so sought after I think it's reasonable for them to have as few voids as possible.
Given the £ saved by tenant I'd have asked for the notice period.