Changing the date of vacating the property (tenancy)

Ms_Sophia

Evening all.

We've been renting with a private landlord for 3 years (no agency).
Recently we gave him notice that we'd be moving out on 26th Aug. Since then the situation with our next flat has changed - we're buying and we've been informed we wouldn't be able to complete by 26th. So we have to complete on 19th Sept. Hence, we need to change our moving out date to 19th Sept too. We have informed the landlord saying how sorry we are that we have to change our move out date etc, proposing to him that we could do smth to help him find a new tenant by handling the viewings ourselves if he doesn't have time etc.

He's just come back to us saying that he already found a new tenant and he cannot accept our new date of 19th Sept snd that we have to move out by our original date - 26th Aug.

Where do we stand here? is it possible for us to withdraw our original notice now, and serve the landlord with a new notice with a new date of 19th Sept? Or can he force us to move? if not can he do smth else?

BitterAndTwisted

Write back to the landlord apologising and tell him you will not be leaving before the 19th of September. He can only get you out of there by going to court and he hasn't got time to do that now. Be prepared to be charged the full month's rent and have an almighty battle to get your deposit back.

G_M

It depends what kind of person you are!

The reality is that if you simply don't move out on 26th Aug there is little the landlord can do except apply to a court - which will take well beyond Sept 19th !

However, you gave notice, which is a legally (and morally!) fixed act, and the LL has apparantly not only accepted your notice in good faith, but arranged a new tenant. So

1) the landlord may have a contract with the new tenant and will be in breach of that contract if the new tenant cannot move in and
2) the new tenant may have made arrangements to move, given notice where they are/whatever, and end up homeless.

So - what do you think is the right thing to do?

Given that you rashly gave notice before having your future firmly planned? It is always unwise when buying to make any commitments until you Exchange Contracts. You should arrange to stay with family/friends etc for the 3 wek gap.

Ms_Sophia

We gave notice AFTER we exchanged contracts. But we are buying a new build and although we had been told everything was ready and signed off the developer then have informed us that it was not signed off when they said it was. So they lied to us but there is nothing we could about it now. So they've given us now a new date when we can move in.

Our landlord has had only 1 viewing arranged since our notice, but apparently that person would like to rent the apartment. We told the landlord that the moving date can move by a few days (during that viewing), so he knew about it from the start and he said he was ok with it. But now, when the new tenant actually wants to rent it, the landlord says No to our new date cause it doesn't suit the new tenant. So there is definitely no new contract yet with the new tenant, as well as the new tenant couldn't have given their notice on their old place.

Deal_Chaser

I would not have thought that your landlord will be doing anything illegal by sticking to your original intended date as provided that they have acknowledged your temination and the notice period was agreed. Landlords do have some discretionary powers to allow tenants to extend/rescind their notices of termination, however i do believe that this would be purely down to the individual landlord as to whether they would wish to allow current tenants to continue to remain there simply if it was because the tenants plans hadnt fallen into place. The landlord could easily have lined up another potential tenant esp as termination period if private accomm is normaly 1month. The landlord presumably will be doing some turnaround works in order to move in new prospective tenants.

if you do not move out on the intended date that was originally agreed then I would assume that they can request an order via county court to evict you from the dwelling whilst this might take some time in order to come into force, you will incur court costs/warrant costs etc as bailiffs be requested to execute the warrant & to evict you from the dwelling if you do not move out upon possession date. If it was to go via this route then your credit rating would be affected you would have incurred additional debt and the stress...

You could try to re-negotiate with your landlord but I think that this might not be a positive outcome, but no harm trying, although might be better option to think of a contigency plan during the period in question.. If you take the landlords perspective their aim is to maximise income and this means ensuring that it is almost continually on rent, what would happen if they did put off their potential new tenant and then your date moved again for another month... I would not think that your landlord would be too pleased.

I prepare to be corrected but this is simply my own take on landlords requirement to grant an extension or allow tenants to rescind tenancy...

BitterAndTwisted

Courts are busy. The landlord is unlikely to even have a date by the time the OP has vacated. Please stop scaring people about hypothetical court costs and warrants.

Ms_Sophia

I don't think it'd come to the courts situation.
What are the rights of the landlord here, can he legally withhold our deposit because we've lived in the flat after our original move out date? I mean, on top of the rent we will have paid in full for the whole period till our move out date, can he try not return our deposit and get away with it?

silvercar

If you rescind the notice, you will need to give one month's notice again - to end at the end of a rent period. So it looks like you will need to give notice to leave by 26 Sept and accept that you will have to pay the rent til then. (I'm assuming that your original date was the end of a rent period here)

BitterAndTwisted

If you are staying even one day into a new rental period in your tenancy the landlord could choose to charge you for the entire month. Don't think that as you are leaving on the 19th that you are only liable for the rent up to and including the 19th. Depends on the dates in your original contract.

If your landlord is seriously miffed and loses this new tenant you should expect them to be as strict as they possibly can be about any dirt or damage to the property. That doesn't mean that they can make spurious deductions but I expect that they can make things as difficult as possible for you if they had a mind to.

Benji

You might want to consider the 1737 Distress for Rent Act which allows the landlord to chage you double rent for any overstay. It may be old, but it is still on statute and therefore should be enforced by the courts.

(I should add that the only recent cases I cold find related to commercial property, but the act did (does) relate to any tenancy)

jjlandlord

BitterAndTwisted wrote: »

If you are staying even one day into a new rental period in your tenancy the landlord could choose to charge you for the entire month.

Actually no, the landlord cannot do that because OP gave notice. When the notice expires the tenancy ends. If he were to demand rent that way that would be in effect offering a new tenancy to OP, who could then stay until she gives a new notice.

LL could invoke the statute Benji mentioned, though.