Rental advice - old tenant withdrew notice

rippers255

Suspect there is nothing I can do. Bit frustrating as has cost us time, money and have currently given notice on our property.

Basically we viewed a property advertised by a letting agent available in august, liked the property and paid money for references. Discussed moving in date etc whilst awaiting references - all was fine and awaiting contract.

Had phone call today to say that the current tenants no longer wants to leave - realised its too much effort.

They've offered the money we've paid out back. So only time lost - although it's very frustrating.

I was just wondering about the legalities of notice to quit tenancy? Not least as we've given that notice to our landlord.

Do they need the consent of landlord to stay in the property, or can they withdraw the notice?

Thanks as always.
R

G_M

I'm afraid as there is not yet a signed contract/tenancy agreement, you have no rights tothe property.

It is of course only fair you should receive back your expenses, which you have.

BitterAndTwisted

By the tenant and the landlord agreeing for the notice to be rescinded, the landlord is saving money on a possible void-period between tenancies, the cost of evicting the tenant through the courts as well as having to pay the agent a new tenant-finding fee

bebewoo

Yes you do need consent of landlord to stay in the property once you have given notice, you can't just withdraw it.

See here:
http://blog.painsmith.co.uk/2009/11/22/tenants-notices-to-quit-holding-over-and-double-rent/

rippers255

Thanks for the advice. I agree we've got no rights to the property as there is no contract.

Just wanting views re: tenants withdrawing notice. I suspect the landlord will have experienced costs - as it's been advertised, had viewings and application processed all of which have costs associated.

R

G_M

As bebewoo says above:

Tenant gives notice but fails to leave
Occassionally a tenant gives valid notice to end the tenancy, but then either changes their mind, or stays a few extra days. This can happen where, for example, the tenant is buying a property, or moving to a new rental, and his purchase or new tenancy is delayed/cancelled. The landlord is likely to be greatly inconvenienced, as is any new tenant he has agreed to let to who is now waiting to move in.

In these circumstances, the landlord can
a) seek an immediate possession order from a court and
b) charge the tenant double rent (see Distress for Rent Act 1737 S18)

Double rent - explanation

tim123456789

bebewoo wrote: »

Yes you do need consent of landlord to stay in the property once you have given notice, you can't just withdraw it.

Most LLs and even most agents don't know this. They just happily accept a withdrawal of notice (unless they were glad to be shot of the tenant)

tim