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Hi Alex, am i missing something as i cannot see an answer from you, just a message saying i will help you?
Oh sorry! It doe snot appear to show
Has the tenant actually surrendered it please?
Hi Alex. This has gone into some sort of live chat format, which obviously does not work unless we are both on line at the same time. Is it possible t go back to the normal question answer format, or do you want to make a time we can both be online?
The tenant has not said she has surrendered the property yet, and says she has emptied the property, and that her cleaner is living there at the moment.She has not returned keys and so far has only asked if she can terminate the contract early.
It is a two year tenancy. The tenancy agreement says for a term certain until February 2016, and in year two the tenant can give a 90 day notice to quit no earlier than 20 February 2015. These were terms the tenant specifically insisted on.
Yes much better!
One last bit of information that may be helpful, is that the property was marketed as a furnished house with high quality furnishings, and was let with furniture, equipment and curtains, and a stipulated clause was that the landlord would remove all items of furniture except for machines, curtains and a bed, prior to the tenancy starting, so that the tenant could use her own furniture.
Yes, at tenants request we removed the furniture, apart from a few items she wished to keep, a single bed, roof furniture, a few mirrors.
Yes she still holds the keys and apparently her cleaner is living in the property. Which leads to the question if another problem is created by the cleaner living in the property. The tenancy allows for the occupation of the named tenant, their family and their staff, however it says nothing about their staff on their own.
Also the cleaner is probably not on a proper UK employment contract and not under the supervision of the tenant who has gone back to the USA. Fortunately the husband is quite famous and so averse to negative publicity if they try and skip off without paying. She has been difficult to date and so i am not expecting a sudden change.
The tenant has a non breakable contract until at least April 2015. In order for me to let the property, firstly i would need to refurnish it with the furniture I took out, then i would have to go to a great deal of inconvenience to show the property and find a new tenant.
This tenant insisted that she wanted to rent the property for two years or nothing, and we went to a great deal of trouble, cost and changing of plans to secure the deal. now just a few months later she is being equally cavalier and wants to just walk away.
I think i am in a better position to insist that she either buys herself out from the remainder of the contract or leave her in place and let her just keep paying rent until April?
If she sends the keys back can she terminate the contract at that point regardless of what the contract says?