Tenants rights after giving notice

biker456

What rights do tenants have, after giving notice to leave a private rental with an AST?

For example if they then find themselves unable to move, can the landlord force them to leave (legally that is )

Thanks in advance!

bris

Only with a court order, takes a couple of months at least.

may_fair

biker456 wrote: »

What rights do tenants have, after giving notice to leave a private rental with an AST?

For example if they then find themselves unable to move, can the landlord force them to leave (legally that is )

If T has given notice to quit either exercising a break clause within a fixed term AST, or in a periodic AST, the T's notice to quit ends the tenancy at notice expiry.

After NTQ expiry the T has no right to remain in occupation. If he doesn't move out, he is 'holding over' and the LL may treat him as a trespasser. However, the LL can only forcibly evict the [now-ex-] T by obtaining and enforcing a possession order (but this may be speedier than evictions under HA1988).

Also, the T may (theoretically, anyway) be liable for double rent for the holding over period under the Distress for Rent Act 1737 (unlikely to be applied - more likely the T would be ordered to pay mesne profits, i.e. a pro rata sum equivalent to rent).

zombie_people

Hijacking the post a little but could the tenant withdraw the notice given on a property as they find they are unable to move? For example its coming to the end of AST so gives a months notice but 2 weeks later realises they cant move can they ask the landlord to withdraw it so they can stop there? (Possibly a simple answer but if you dont ask you will never know)

Yorkie1

I think the answer is that it is up to the LL's discretion.

jjlandlord

zombie_people wrote: »

For example its coming to the end of AST so gives a months notice but 2 weeks later realises they cant move can they ask the landlord to withdraw it so they can stop there?

The tenant cannot "withdraw" his notice, he can only ask the landlord and see what's his plan.
In any case, as May_fair said the landlord will still have to follow the legal eviction process in the tenant does not vacate.

Moreover, I do not know what you mean by "end of AST". If it is the end of the fixed term, then in such a case the tenant has no requirement to give any notice.

dancingfairy

zombie_people wrote: »

Hijacking the post a little but could the tenant withdraw the notice given on a property as they find they are unable to move? For example its coming to the end of AST so gives a months notice but 2 weeks later realises they cant move can they ask the landlord to withdraw it so they can stop there? (Possibly a simple answer but if you dont ask you will never know)

As far as I can tell the tenancy will end (presuming the tenant has given the correct notice) so I gues it depends on whether the landlord is happy to ignore the notice or whether he says 'sorry' I've made other arrangements/got new tenants lined up etc. You'd probably want to get any subsequent arranagement put in writing/possibly sign a new tenancy agreement as otherwise I forsee that it could get quite messy with landlord saying they'd received notice (and providing proof) with tenant then saying a verbal agreement was agreed after that etc etc if it went to court.
Also Landlord is likely to be annoyed at having been messed around, having spent time/money working out a new plan - ie redocorate/new tenants etc and would be highly unlikely to agree especially if it was only for an extra week/2 weeks so I would expect the tenant to probably have to pay the landlords costs at the very least and possibly even sign a new contract (depending on whether it was a sale that had fallen through or something) to demonstrate their commitment.
Best of Luck
df

may_fair

zombie_people wrote: »

Hijacking the post a little but could the tenant withdraw the notice given on a property as they find they are unable to move?

Not if T serves notice in a periodic AST, or serves notice under a break clause during the fixed term. The notice can only be withdrawn with the agreement of the LL.

For example its coming to the end of AST so gives a months notice but 2 weeks later realises they cant move can they ask the landlord to withdraw it so they can stop there?

Assuming T is not serving notice under a break clause, his notice served in the fixed term has no legal effect, so there is nothing to withdraw.

If T is in occupation at the time of fixed term term expiry, a statutory periodic AST will automatically arise.

jjlandlord

may_fair wrote: »

Assuming T is not serving notice under a break clause, his notice served in the fixed term has no legal effect, so there is nothing to withdraw.

If T is in occupation at the time of fixed term term expiry, a statutory periodic AST will automatically arise.

I would argue, though, that the wording of section 5(2) of HA 1988 suggests that a notice served by the tenant during the fixed term could prevent the SPT from arising: I.e., the SPT arises only if the tenant takes no action.

paulus_the_woodland_gnome

jjlandlord wrote: »

I would argue, though, that the wording of section 5(2) of HA 1988 suggests that a notice served by the tenant during the fixed term could prevent the SPT from arising: I.e., the SPT arises only if the tenant takes no action.

I think that is correct. The tenant can serve a notice to quit at any time ( as can the LL) but it can only become effective (expire) after the fixed term has ended . if the tenant serves a NTQ before the expiry of the fixed term, the tenancy will not become a SP .In the same way ,If a LL issued a notice during the fixed term , the tenancy does not become periodic because the fixed term will end upon expiry of the notice

jjlandlord

paulus_the_woodland_gnome wrote: »

In the same way ,If a LL issued a notice during the fixed term , the tenancy does not become periodic because the fixed term will end upon expiry of the notice

No. In an AST, LL's notices (s.21 or s.8) have no impact on the tenancy at all, they just entitle him to seek a possession order once they have expired.
If there is a break clause in the agreement, and the landlord actions it, it will just end the fixed term: As the tenant hasn't taken any action a SPT will arise.