Hi,
The Tenancy Agreement in place states "either party must give at least 3 months notice in writing to end the tenancy." No letting agent is involved, & the Agreement in place was copied from one that *was* issued by a letting agent originally. The tenant has now left, saying she took advice & only needed to stay for 2 months. New tenants don't move in for a couple more weeks. I accept that now it would be less than 3 months, but the agreement we both signed last year stated 3 so is that meaningless though we both agreed it at the time ?
1.You have veered off into a self pitying - "the tenant told me to go frack myself - does THAT mean there is an implied term in every letting contract that in the event of disagreement, the landlord must...." - ( no it isnt )
2. I have no idea why you think the tenant has a right to interpret a contract (they dont)
They owe you a month under the contract....
BUT
is it worth collecting it ( no it isnt )
You dry your eyes , and get on with the new let
You got possession plenty plenty quick - that is worth at least a thousand.
Any tenant who wishes to leave I say " weeke end if you want. I dont want you to stay if you donr like it" - (they smash up the house)
As for deposits I cant say - I dont take deposits ( a judge said "what?!" ) it is effectively dead money for all parties
Not sure I understand most of that ... lol
Tenant gave notice, she wanted to go asap. Was the last thing I needed with so much going on elsewhere, but fair enough, I've tried to get new ones as soon as. They're not in a position to move yet though (probably had to give notice where they were) so I asked if she'd cover 9 of the 20 days the house'll be empty. She said no. So I'm wondering if I can dock some of her deposit, hence the question.
no you didnt ask the question about the deposit
you wickered about implied terms and was the tenant automatically right in interpretation ( no she is not )
You need to ask a landlord who takes deposits whether you can retain some as unpaid rent - I honestly dont know the answer