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HELP - Tenants have overstayed their agreement!

24

Comments

  • Sorry a new tenancy hasn't been signed. The new tenant is my daughter so their is no real concern with the new tenants. Hense I want the old tenants out so she can move in as there is not enough space for her with us anymore.
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Sorry a new tenancy hasn't been signed. The new tenant is my daughter so their is no real concern with the new tenants. Hense I want the old tenants out so she can move in as there is not enough space for her with us anymore.

    So was this not actually true then?
    "I have tenants that have effectively been made homeless because they now cannot move into the property when they were due to."
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • joolsybools
    joolsybools Posts: 1,595 Forumite
    Can't your daughter just find somewhere else to stay?
  • suited-aces
    suited-aces Posts: 1,938 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    Massive drip feed
    I'm not bad at golf, I just get better value for money when I take more shots!
  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    edited 6 October 2012 at 8:50PM
    OP, I think what this comes down to is naivity from you and incompetence from your so called agents.

    Tenants stating they did not want to extend/renew their contract does not necessarily mean they are going to move out. The day after the fixed term ends, their tenancy becomes a statutory periodic tenancy - they still have a valid tenancy as you/your agents did not apparently serve them any formal notice, and they did not give you notice either.

    If you want them to leave, serve them the correct notice, and apply to the courts. Its not difficult, but your agents obviously should have known this very basic requirement to end the tenancy, and you perhaps should not leave everything to the agent and could do with learning a little more about the business you have entered into!

    As for the new tenants - utter drivel to try and sway the advice here in your favour; which it wouldn't have anyway as no LL in the land should ever let a property to new tenants until they have formally ended the previous tenancy!

    Put your daughter up for a few more weeks, get the correct legal notice issued and get the tenancy ended - simples!
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Did your current tenants actually give you written notice to end the tenancy? If not then the tenancy legally continues unless you get a possession order and have bailiffs enforce it. If they did then I believe you can skip the S21 and waiting 2 rental periods as you can apply to the courts immediately.
    Don't listen to me, I'm no expert!
  • dinofabio
    dinofabio Posts: 245 Forumite
    Sorry a new tenancy hasn't been signed. The new tenant is my daughter so their is no real concern with the new tenants. Hense I want the old tenants out so she can move in

    So the line that your new tenants would be made homeless was absolute tosh.

    Just go through the eviction process and I suggest further reading eg this for starters

    http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/index.htm
  • Graham_Devon
    Graham_Devon Posts: 58,560 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    And landlords wonder why they have bad names....It's due to people like this!

    The contempt for the existing tenants is awful.
  • To summarise then. The current tenants are paying rent and will continue to do so. The owner wants them out so they can move their daughter in who probably won't be paying as much rent. The horror, the horror.

    What's the problem with this website? It just seems to be a long list of people who want to go into great detail about their own self-inflicted problems.
  • barnaby-bear
    barnaby-bear Posts: 4,142 Forumite
    Hi

    I am just looking for a bit of advice of where I stand with this.

    I rent out a property and use an agency to manage it for me. The current tenants rented it for 6 months only, half way through the 6 months I asked if they wanted to extended their term or not. They said no. It is a family of Man & Wife and 3 kids. They have supposedly split up as of 2 weeks ago and yesterday was the day they should have vacated the property.
    Why would they want to extend when a periodic would come into play automatically... a family with 3 kids and 12 weeks in you thought you were asking them to end the tenancy... moving 3 kids and find somewhere in school catchment areas and upfront fees was always going to be tricky and unlikely to tie-in with the end of th einitial fixed term.....
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