Staying in rented property 1-2 weeks longer than specified in the notive

phemark

Hi again, updated situation, need advice:

So, couple of weeks ago we were given a completion date of Feb 9th. We went ahead and gave our current landlord notice for 25th of February, which was accepted.
However, today we get news saying that completion/handover (new build) is delayed till the 23rd. So that leaves us very little room. It might still work out fine, as sellers will confirm tomorrow (how certain though?), if 23rd is the final date. Then, they said, we could draw mortgage earlier, pay everything on completion and move in by 25th. Would this be possible?

If that doesn't happen, and we need to stay for 2 more weeks, what can we do? We already gave notice to our landlord and he accepted 25th as move out date. One option would be to ask to extend it by 2 weeks, but what if he doesn't agree? Do we have an option to stay (how much would it cost us?), or would I need to find some place to stay?

Any advice helps,
Thanks

Pixie5740

I'm confused, are you buying a new build or are the people you're buying from purchasing a new build house?

If you remain in the property beyond 25th then the LL could charge you double the rent. You should just talk to the LL and see if he is able to be a bit flexible with you but if he can't, for whatever reason, then find a B&B, holiday let, somewhere to go. If the completion date was 9th February and it's been delayed, what's to say the 23rd February date won't get delayed as well. Have you actually exchanged contracts yet?

phemark

We are buying new build.

And yes, 23rd might not be the final date, but hopefully they will confirm that this week, so I know for sure.

We are exchanging this week.

So the worst scenario - we stay in even without our landlord wanting us there (because we gave notice already), and we are charged double the rent?

onetwothreefourfive

I would try asking the landlord how he feels about it- like everyone has suggested?

He probably couldn't do that much about it straightaway if you just stayed, but it wouldn't be very pleasant.

If he wants you out though you could put your stuff in storage and find somewhere to stay for a few weeks?

stator

Ask your landlord to extend the tenancy by another month. It's the only sensible thing to do.

Pixie5740

phemark wrote: »

We are exchanging this week.

This is why I advised you back in December to not give notice until you've exchanged. If you had just waited and served notice after exchanging you wouldn't be in this pickle.

Being charged double the rent under the Distress for Rent Act 1737 is just one possible outcome. You could potentially be charged with trespassing (maybe).

Just talk with your LL and see if something can be worked out. I suppose a lot of it will depend on whether or not he has found another tenant but none of us here can tell you what your LL may or may not agree to.

agrinnall

Pixie5740 wrote: »

This is why I advised you back in December to not give notice until you've exchanged. If you had just waited and served notice after exchanging you wouldn't be in this pickle.

Being charged double the rent under the Distress for Rent Act 1737 is just one possible outcome. You could potentially be charged with trespassing (maybe).

Just talk with your LL and see if something can be worked out. I suppose a lot of it will depend on whether or not he has found another tenant but none of us here can tell you what your LL may or may not agree to.

Or maybe not. Trespass is a Civil offence. I guess it's possible that the LL could raise a claim for Trespass, but I would think there are easier and less costly court routes for them to consider first.

http://www.findlaw.co.uk/law/property/other_property_law_topics/500447.html

Pixie5740

agrinnall wrote: »

Or maybe not. Trespass is a Civil offence. I guess it's possible that the LL could raise a claim for Trespass, but I would think there are easier and less costly court routes for them to consider first.

http://www.findlaw.co.uk/law/property/other_property_law_topics/500447.html

Trespass can sometimes be a criminal offence in England and Wales. Generally it involves squatters, raves and hunt saboteurs which are covered by criminal law. So as long as the OP doesn't host an illegal rave he/she should be ok on the criminal front.

I agree that it's unlikely that the LL would go as far as raising a claim for trespass and that the OP should just talk to the LL.

phemark

Thank you for replies. Will see how it goes and update (if anyone's interested) some time during this week.

G_M

Talk to the landlord. communication, give and take is the key.