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  • Problem Tenants

    Breach of contract - untility transfer

    Hi All,

    My tenant gave his notice 4 months in to a 6 months fixed contract. He also failed to even give the notice on the day when rent payment was due (but a few days later) and also failed to pay the rent, assuming the deposit will cover this anyway. He has a massive backlog on utilities as well (I know that should not concern me too much as this is his responsibility) and caused some damages to the property, which he does not agree with. He is not willing to provide his next address as he is moving back to Italy (which I don't think is true)

    I am not planning to re rent this property, but do a bit of a refurbishment and put it on the market straight after. I have some fixed rate utility bills.  My question is: when do I transfer these bills (water and council tax)  back under my name? Is that the date he left or the original end of contract date, since he is in breach of contract?

    Thanks for your help!

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    So assuming he's on a 6 month fixed term contract and not one which will become periodic, I would just accept his 2 month notice (which he isn't obliged to give you) that he intends to move out at the end of the fixed term.

    Presumably the deposit covers at least 2 months rent as you say that is what he assumes.

    You intend to refurb anyway, so if damage is minor I wouldn't make an issue of it.

    He's obliged to pay utilities till end of fixed term.

    You refer to 'the date he left', has he already left before the end of the fixed term?

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    He is in breach of contract as he is not intending to stay till the end of the 6 months contract. He gave me 1 month notice at the end on month 3 and moving out end of month 4. He has not paid for month 4 as he decided he will use the deposit to cover the rent. So my question is: do I change for example council tax bill back under my name, when he leaves, end of month 4 or when his fixed term ends, which would be an extra 2 month? Thanks a lot for your help!


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    You do not have to take over CT/Utilities until day after expiry of AST - even if Tenant vacates earlier.

    If he does go back to Italy he will be blacklisted in UK by Utility companes for non payment and they could issue CCJs which would mean he would struggle to get a new UK Tenancy.

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    Thanks a lot for your answer - I hoped that was the case, but always good to double-check! 

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    Any hassles and you just show the 6 month AST and say you have no idea of his whereabouts as he did a midnight runner.

    Do not tell anyone you are working on the place as that implies you have taken back control and liability for bills

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