Tenant gave notice - now he will not go

clutton_2

exactly what expenses have been incurred - this is what a judge will ask ?

black-saturn

I think if you want him out you will have to serve the 2 months written notice on him. If he still refuses to leave after that the matter will have to be taken to court.

On the other hand you could serve him with a new tenancy agreement as this is effectively a new tenancy now that you have accepted his notice and politely refund the people who were lined up to move in. I presume though that they have already given notice to their current landlords so there may be a problem there also.

Glad I'm not a landlord anymore.

Mrs_pbradley936

Thanks everyone. I have not signed the new agreement as yet but my main worry was if the new people could sue me for anything. I am ticked off because he was the one giving the Notice, everyone esle fitted in around him and now he wants to stay (not for ever, just until he gets a start date for a new job which he has applied for, he will have to move because it is miles away). It is a though he has no conception of legal obligations, his attitude is " Well I'll be going Thursday week then" and expects everyone else to say "Oh fine" when it is not fine at all.

deary65

A notice to quit is the only way you can legally terminate a contract in land without the consent of the other party it can be with drawn at any time including at the end of the notice period.The tenant can remain and continue his enjoyment of the land untilsuch time as you give notice.
I hope that helps

thesaint

I would give the tenant the required notice, they could carry on doing this indefinitely.

Tenants are responsible for the rent until they leave whether they have been evicted or not. They can evev be liable after they leave if they haven't given the correct notice.

deary65

When drawing up tenancy agreements I always put a clause in the contract, if the tenant wishes to give notice that it must be in a prescribed form provided by the landlord, containing in the instrument The signature of the tenant and landlord i.e offer and acceptance, if the tenant does not leave you can go straight to court.

specs_3

deary65 wrote:

When drawing up tenancy agreements I always put a clause in the contract, if the tenant wishes to give notice that it must be in a prescribed form provided by the landlord, containing in the instrument The signature of the tenant and landlord i.e offer and acceptance, if the tenant does not leave you can go straight to court.

What would you do if they gave notice without using your prescribed form?
I can't see it being enforceable.

deary65

I can't see how they can give notice without it.If they give you notice any other way, then you ask them to complete the precribed from.

prudryden

PB -
Thanks for this. What an interesting situation.

Now - bear with me. I'm thinking as I'm writing.

The tenant has given you notice to quit. You have accepting this notice in good faith. You have lined up another tenant to move in right away so you do not have a void period.

What about explaining to the current tenant your situation. Explain to him that you could lose this tenant which would cause you to possibly have a void period and lose money. That because of his actions, he might be liable for the void period, even though you would try to mitigate the damage. Say, that as much as you regret it, it could end up in court if he refused to cover your damages. That would probably not sit well with your employers.
I need to think about this in more detail. Anyone, please advise if you want me go away.

prudryden

PB -
The potential new tenants don't have a case - the deposit they paid was just to hold the flat so you would not keep showing the flat to other potential tenants. However, if you verbally told them that they can move in on a given date, it would depend on whether a judge would rule that is still a contract. But generally, I would think that a contract is still subject to agreeing all the terms and conditions.