Changing the date of vacating the property (tenancy)

Ms_Sophia · 19 August 2011 at 2:14PM

Let's not carried away, shall we? comparing what I've said with rioters reasoning is completely out of line. I never said - "if they can do it, why shouldn't I?" I was simply amused by the disproportionate reaction to my thread.
I'm checking with the solicitor but that's separate. Here what I was asking is where I stood in my tenant/LL situation.

ic · 19 August 2011 at 3:29PM

OK, I'm not saying you're a rioter so I apologise if it reads anything like that. However what I'm trying to say is that you can't justify your actions on the basis of what others have done in the past. From what it appears to me, you've had a landlord who has treated you well over the years and you've been a good tenant. Now he's unable to accommodate your request, you're reaching out for reasons to justify why you should turn that relationship sour. I'm unsure why the reaction is disproportionate - there are many people with good views on this forum, unfortunately those views aren't what you were hoping to hear.

As for what you can do in this situation, your best option is to appeal to his better nature - talk to him and find out what this situation is with the new tenant - is there any chance for them to be flexible also? Perhaps you could sub-let from the new tenant to stay there for the three weeks and they delay their moving in? I guess your best bet is to pull the dates together - if you can't move in because the house isn't totally decorated, perhaps you can at least start moving stuff in whilst people carry on decorating around you?

G_M · 19 August 2011 at 5:12PM

I still don't understand how you got into this position. You had a Completion date agreed wih the builder yes? So you'd Exchanged Contracts?
If the answer to this is 'no', then you should not have given notice on your current tenancy and this really is your own fault.
If the answer is 'yes', then by changing the Completion date the builder is in breach of contract and you should be claiming damages off him. Move out into a hotel and send him the bill.

Causing trouble for your LL and the new tenant with the excuse that 'it's not my fault it's the builder' is just unforgivable.

But you're fed up hearing this truth aren't you? So refer back to my earlier post where I gave you a solution, even though not one I approve of.

Ms_Sophia · 19 August 2011 at 5:21PM

Well, first of all, this is not "the truth", it's just your opinion, right?

Secondly, again, I was asking only about what LL can do in this situation. And not about whether or not I should move to a hotel etc.

Anyway, thanks to all for their opinions.

silvercar · 19 August 2011 at 5:35PM

Legally, you can inform the landlord that you won't be moving out and stay put. You continue to pay rent and the landlord should delay signing contract with the new tenant until you have physically moved out. It may be that the landlord could pursue you for his costs if he loses the new tenant because of your actions. You obviously have to pay rent while you are still living there.

If you follow this route, don't be surprised if the landlord serves notice on you. This would ensure that the landlord isn't stuck with you changing leaving dates continually and can apply to court to evict you after his notice has run out.

silvercar · 19 August 2011 at 5:36PM

I still don't understand how you got into this position. You had a Completion date agreed wih the builder yes? So you'd Exchanged Contracts?

It is common on new builds to have a flexible completion date.

mamahuhu · 19 August 2011 at 5:44PM

You really are being quite blinkered about this. Stand up and take responsibility for the fact that YOU made a decision to give notice without the full story.
The fact that you're searching for legal justification for taking such a stance just underlines (to me) the fact that morally you are totally out of order.
What your LL did or did not do in the last three years is irrelevant here: if he were that bad, you'd have left long ago. Idle threats about dobbing him in for this and that are rather vindictive and desperate - again, if they'd had any real impact on you, you'd have left....
You mention that he is on a resi mortgage, not a BTL; this suggests that he isn't a pro LL and probably can't afford for you to shaft him by potentially losing him his next tenant by refusing to move out when YOU agreed you would! Are you willing to pay the rent until he finds a new tenant if loses this one? Are you willing to pay for the new tenant to stay somewhere else while you stay in what should be THEIR home by then? And if you were in their shoes, what would you be thinking?

franklee · 19 August 2011 at 6:00PM

G_M wrote: »

I still don't understand how you got into this position. You had a Completion date agreed wih the builder yes? So you'd Exchanged Contracts?
If the answer to this is 'no', then you should not have given notice on your current tenancy and this really is your own fault.
If the answer is 'yes', then by changing the Completion date the builder is in breach of contract and you should be claiming damages off him. Move out into a hotel and send him the bill.

It's common to exchange contracts on a new build without a fixed completion date. I thought it was normal for new builds which is how peeps buying off plan get into a pickle, the build being late and their mortgage offer running out yet still bound to buy as they've exchanged.

jjlandlord · 19 August 2011 at 7:31PM

silvercar wrote: »

Legally, you can inform the landlord that you won't be moving out and stay put. You continue to pay rent and the landlord should delay signing contract with the new tenant until you have physically moved out. It may be that the landlord could pursue you for his costs if he loses the new tenant because of your actions. You obviously have to pay rent while you are still living there.

If you follow this route, don't be surprised if the landlord serves notice on you. This would ensure that the landlord isn't stuck with you changing leaving dates continually and can apply to court to evict you after his notice has run out.

OP has served notice to her LL: Her tenancy will end when the notice expires.
Once the tenancy has ended OP will have not right to remain in occupation and the LL could seek a possession order immediately without the need to serve any further notice.

G_M · 19 August 2011 at 8:14PM

franklee wrote: »

It's common to exchange contracts on a new build without a fixed completion date. I thought it was normal for new builds which is how peeps buying off plan get into a pickle, the build being late and their mortgage offer running out yet still bound to buy as they've exchanged.

Then my 'scenario 1' option applies.

If there was no fixed Completion date the OP should have delayed giving notice until confirmation of Completion was provided.

As you say, Completion of new builds is notoriously fickle, so giving notice is unwise and leeds to..... exactly the situation we have here.

Changing the date of vacating the property (tenancy)

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