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Tenant decided to stay
david29dpo
Posts: 3,969 Forumite
A friends tenants gave the one months notice to leave (all done correctly)
Due to leave 21st of this month.
Agent finds new tenant, due to move in 28th of this month.
Present tenant rang LL saying they would like to stay for two more months (due to a delay with there next rental)
They have not been the best of tenants plus the new tenant is desperate to move in on the 28th
We all here about tenants no moving out (mainly after the LL gave 2 months notice) but what (if anything) can be done in a case like this?
Due to leave 21st of this month.
Agent finds new tenant, due to move in 28th of this month.
Present tenant rang LL saying they would like to stay for two more months (due to a delay with there next rental)
They have not been the best of tenants plus the new tenant is desperate to move in on the 28th
We all here about tenants no moving out (mainly after the LL gave 2 months notice) but what (if anything) can be done in a case like this?
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Comments
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When you say notice was received correctly, was this in writing?
The LL does not need to accept the request for an extension and can go straight to court for posession if the T does not leave ( provided they can prove T gave notice).0 -
Yes, in writing.0
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sorry mate we have a replacement tenant ,do you need a hand to pack ..bye"Do not regret growing older, it's a privilege denied to many"0
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Very tempting but prefer to stay legal.0
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david29dpo wrote: »Very tempting but prefer to stay legal.
I think OldGit makes a perfectly valid point; that the first thing to do is to tell the T firmly that they cannot stay and indeed that they have no legal right to stay.0 -
The landlord can apply for possession once the date of the original notice expires.
The current tenant will be exposed to the costs that the landlord and incoming tenant face due to their actions.Well life is harsh, hug me don't reject me.0 -
Interesting....
If thats the case, why can't a LL do the same if he gave notice?0 -
david29dpo wrote: »Interesting....
If thats the case, why can't a LL do the same if he gave notice?
He can if it was correctly served. (ie go to court for posession). However, if the T gave notice then the tenancy has ended, however if the L gave notice the tenancy does not end until the court decides.
The point being made is that the T cannot cancel their notice unilaterally, and I think eviction would be speedier and more certain in the case where T gave notice.0 -
david29dpo wrote: »Interesting....
If thats the case, why can't a LL do the same if he gave notice?
I don't quite understand your question, but, a landlord can not give notice(NTQ) on an AST tenant.Well life is harsh, hug me don't reject me.0 -
You could remind the tenant that they could be liable to pay double rent under the Distress of Rent Act if they hold over the tenancy.
http://blog.painsmith.co.uk/2009/11/22/tenants-notices-to-quit-holding-over-and-double-rent/0
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