Tenant gave notice - now he will not go

Mrs_pbradley936

Hi,

This is a new experience for me and I thought I had seen most things relating to letting property. I have a tenant in a flat (and I use an agent by the way) who gave Notice last November and should be out this week but he says he has now changed his mind (yesterday this was). We have a new tenant waiting to go in who has paid a deposit and first months rent. Where do I stand?

dazza190574

It depends on what the contract says I suppose.

I'm not speaking from a legal point of view, but as he has given notice I would assume he would have to go. What would happen if he stayed and then two weeks later said he was going again?

I would speak to the agent as it should be them who are dealing with it, after all you must be paying them something for the service.

Mrs_pbradley936

Yes, they have asked me for my instructions!

lynzpower

I'm not speaking from a legal point of view, but as he has given notice I would assume he would have to go. What would happen if he stayed and then two weeks later said he was going again?

I must admit Ive always been unclear on this when working with Social services clients. If you are on an AST, my understanding from being legally advised was that we ( council) wouldnt house client as she hadnt been evicted.

as is, shes got a right to occupy until you evict.

I have always been told fluctuating info as to whether the tenant is legally obliged to pay rent while awaiting eviction, and I believe overwhelmingly the answer is no, but I cant be catagoric its just legal surmising if you get me.

silvercar

You will have to threaten to evict to get them to go. Having given notice they have no right to remain. A bit like selling a house and refusing to give vacant possession on completion. You would have to go to court to get the tenant to comply.

harrogategirl

HI don't know much on this subject. But we have a housing association tennant - she happens to be my mate. We gave her 1mths notice. Housing association said it has to be 2mths. Then when that 2mths is up, the HA advised my friend to sit tight while we get a court notice which gives her a further 28days to leave. As it happens, it's not a prob for us - we are actually glad that she will be staying in the flat a bit longer as we are worried about where she will be housed! Anyway, I would go ahead and get one of those court order thingys!!!! Hope this helps! x

Mrs_pbradley936

ts_aly2000 wrote:

If your existing tenant pays his rent on time and looks after the place (drop by and see him), then keep him. Why not. It's all bums on seats anyway, as long as the property is generating income.

To be honest, I am very highly surprised that the agency has taken the desposit, first months' rent, and likely fees from this future tenant. It's common practice to do that on the day of taking up residency and signing the contract.

This new one *could* be an absolute nightmare. I would meet your man first and have a chat with him. If he wants to stay and looks after the place then why not. It's the agency's problem.

I do not have a problem with him but he said he wanted to leave, I did not ask him to. He let several would be tenants in to view and one said they wanted it and when could they have it? The exisiting tenant, the would be tenant and the agent all worked out the dates between them and I just said OK because I thought it was all going smoothly. Then he decides to change his mind. He is supposed to move on Friday and the new people want to move in right away.

clutton_2

You cannot get him out without taking him to court - this could take several weeks if not months. i would increase his rent and give him a new tenancy agreement, if he is agreeable - then grovel profusely and refund the rent and deposit to the other folks and hope they dont take you to court. The letting agent had no business signing a new agreement till the old tennant was out.

do_it_today!

I understood that if a tenant gave their notice in writing they would have to go. I believe the only way to get him out now is to give notice and go through the courts. If he is a housing benefit tenant he would definitely be advised not to leave the property until the baliffs arrive, which happens after court and the eviction notice. This happened to an 'asbo's are us' family in our street and the council refused to rehouse them until the baliffs physically went round to the house in all the process took about 3 months. There are some websites that can advise you about the process

franklee

clutton wrote:

You cannot get him out without taking him to court - this could take several weeks if not months. i would increase his rent and give him a new tenancy agreement, if he is agreeable - then grovel profusely and refund the rent and deposit to the other folks and hope they dont take you to court. The letting agent had no business signing a new agreement till the old tennant was out.

pbradley936 didn't actually say the agreement was signed, just "We have a new tenant waiting to go in who has paid a deposit and first months rent.".

So pbradley936 have you signed the agreement for the new tenant? If not then you may be in a better position. I would ask on https://www.landlordzone.co.uk in the Rental Property Questions forum to ascertain exactly what you are liable for towards the new tenant. If you haven't signed then you may be OK and just have to return the tenant's money paid so far?

Agree with clutton on the rest.

franklee

Also, although you can't get the existing tenant out without taking him to court you could ask landlordzone if by reneging on his notice this tenant owes you any compensation for the expenses he has made you incur by turning the new tenant away.