Changing the date of vacating the property (tenancy)

silvercar

jjlandlord wrote: »

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.

So if tenant remains it will take a few weeks for landlord to get a possession order and then to get bailiffs appointed and her removed. During which time I assume, but correct me if wrong, tenant will be liable for rent.

jjlandlord

silvercar wrote: »

During which time I assume, but correct me if wrong, tenant will be liable for rent.

Essentially yes, though it would not be 'rent' per se but 'mesne profit' and payments should be handled carefully by the landlord:
http://www.letlink.co.uk/articles/trespass/mesne-profits.html
I am no legal expert, but based on that, as the landlord I would be very cautious before accepting the regular monthly rent payment at the expiry of the NTQ, should OP pay it, as it could indeed be seen as granting a new tenancy. Idem for OP if she does not intend for a new tenancy to be created.
This might look pedantic but I think it is important for both parties to understand the legalities as the situation could get quite tricky.

DVardysShadow

Ms_Sophia wrote: »

I have considered the moral aspect. We are ourselves are sitting on the boxes. But I am not going to move out to the streets because the developer of the new build lied to our faces confirming the completion date which is now no longer feasible, ok?

You are beginning to come across as a bit of a comedy sketch show chavette with that attitude.

What you say above encapsulates the whole issue. You have a problem with your builder. It is your problem to sort out with the builder. It is indefensible to inflict your problem on a new tenant and your Landlord, who are totally innocent in this. You have to take the hit and resolve the matter with the builder. If that level of personal responsibility is beyond you, you might find yourself out of your league with home ownership.

Wee_Willy_Harris

Ms_Sophia wrote: »

As about "you might find yourself out of your league with home ownership" - thanks for the joke mate! I already own 3 properties, and the new one will be the 4th...

And yet, little over one month ago, you were first time buyers???

https://forums.moneysavingexpert.com/discussion/3288430

Ms_Sophia wrote: »

Hi,
we are FTB and now are looking at different type of mortgages, not sure which one to choose

In fact, even the briefest of reads through your other posts reveals your astounding level of ignorance, for one with such an extensive property portfolio. Perhaps it is you who should be getting over yourself?

Ms_Sophia

We are first time buyers in this country. I own 3 properties in other countries. So yes, we are not familiar with some details of property management in the UK, and I never said we were. Hence, was asking for some info on this forum... just for some info, not for anything else...

Tiddlywinks

Ah, with such an extensive (hmm) property portfolio I would have thought you would have had access to decent legal advice rather than wasting you Friday night asking for freebie opinions on a public forum.

Plus, as seasoned buyers (having previous experience and all that), I would have expected you to have a "plan b" for the possibility of slippage on the completion date.

So, I can only conclude that you are either greener than you care to admit or lacking in the necessary capacity to plan your life.

Wee_Willy_Harris

Ms_Sophia wrote: »

We are first time buyers in this country. I own 3 properties in other countries. So yes, we are not familiar with some details of property management in the UK, and I never said we were. Hence, was asking for some info on this forum... just for some info, not for anything else...

In that case, the point previously made would appear to be a valid one....

DVardysShadow wrote: »

............ you might find yourself out of your league with home ownership.

The_Palmist

Getting back to the point. Are there no other options like renting out a place for 3 weeks. You might someone who will be willing to rent a house/flat for short term.

nikki_angel

Ms_Sophia wrote: »

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.

Ok, the landlord CAN expect you to move on the day that you originally stated that you would and move a new tenant in with a reasonable turnaround time. You really should be looking for another solution now. Stop wasting your precious time on trying to stay where you are. It's going to be more hassle than it's worth.

silvercar

nikki_angel wrote: »

Ok, the landlord CAN expect you to move on the day that you originally stated that you would and move a new tenant in with a reasonable turnaround time. You really should be looking for another solution now. Stop wasting your precious time on trying to stay where you are. It's going to be more hassle than it's worth.

While morally OP has no leg to stand on, in practical terms delaying moving out by a couple of weeks will not be any physical hassle to OP. It would take that long to get a court order and bailiffs and the landlord would really have no further action to take in the short term. Financially OP may be hit for some legal costs but that would be cheaper than the costs of moving twice.

All depends how OP wants to behave.

Incidentally if the OP was an HB tenant waiting for council re-housing, the advice on this forum is generally to stay put. However inconvenient for the landlord that may be.