Tenant wants to change leaving date after giving notice

jimbob3

hi guys looking for some help here:

I have a tenant who is currently on a periodic tenancy (after fixed term finished) ending on the 12th of each month, they gave me notice on July 18th to terminate on Aug 22nd. The AST states "You must give at least four weeks (or a month if you pay rent monthly) notice to end it. This notice must end on the last day of a tenancy period", however I accepted their request for this date as they had given me more than a months notice.

The tenant has now (1 week before they are due to leave) announced that they need more time and that legally they are entitled to stay in the property till 12th Sept as this is the end of their rental period even though they requested an earlier date and I accepted it (both in writing). Is this correct or can I demand that they move out on the 22nd as agreed? Could they argue that they gave invalid notice and need to give it again correctly and end up staying even longer? Normally I would let them stay as long as they want but I have already got another tenant with a signed contract starting Aug 29th so this has me in a difficult position!

sorry if this has already been answered here but I couldn't find a similar question

Jim

G_M

They gave notice which you accepted.

You can charge double rent if they fail to leave.

Distress For Rent Act 1737 S18 (Double rent if tenant stays after giving notice) explanation

Although this Act has never been repealed, I have yet to actually come across an example of double rent being enforced by a court. Be interested to hear from anyone who knows of an example.

Realistically if they don't leave you cannot send in the heavy squad, so you are stuck with them. I'd go with the flow and hope the leave on the 12th.

Do you have other tenants lined up or some other issue requiring them to be out on the agreed date?

Did they paid rent on the 13th August? Covering 13/8/18 - 12/9/18?

unforeseen

The forces used to charge distress rent if you failed to vacate MQs when you ought.

Pixie5740

You are in difficult situation if you have another tenant already lined up with a signed contract starting 29th August.

Do you have something in writing agreeing to end the current tenancy 22nd August? If the current tenant doesn't leave then unfortunately it's not a simple case of changing the locks on them you need to jump through all the hoops of going to court for a possession order, etc unless they leave of their own volition first. It's why landlords tend not to get the next tenant to sign any legally binding contracts until the previous tenants have physically gone.

PasturesNew

In short ... you can't do anything, or make the tenant leave, on that date - and, as they're only wishing to stay an additional 3 weeks you've absolutely no time to do anything which could "force" them out.... as it'd all take a LOT longer than that!

So, in short, you're stuck with the fact they will be there until the 12th.

You have, therefore, to focus on how this impacts you and any agents and any potential future tenants.

What's the score? What was planned by you for the 23rd and onward?

If there's no tenant and you'd just lined up a local bloke to pop round and splash a bit of paint about, fit a new carpet, then just reorganise those. If there's a tenant I bet you put all the "risk" into their court by not enabling them to sign a contract until the morning of their move in, so you have no legal obligation there to sort out their woes.

Need more info really ...

jimbob3

hi guys,

they had paid a reduced rent for the final month which I had agreed in writing. They haven't paid anything else yet. I know I can go down the possession order route if they are in there after tenancy has expired but what date are they legally allowed to stay till, is it the 22nd August (agreed in writing) or is it 12th Sept which according to the contract is the date they should have requested?

Also if I did need to seek a possession order would I need to issue a section 21 notice or do I not need one because they gave notice?

thanks

PasturesNew

jimbob3 wrote: »

Also if I did need to seek a possession order....

No point, it takes weeks/months, not days.

jimbob3

As stated I do have other tenants with a signed contract to move in Aug 29th, hopefully they will be flexible if needed and not sue me for breach of contract!

jimbob3

PasturesNew wrote: »

No point, it takes weeks/months, not days.

I realise that but worst case scenario if they decided they wanted to stay indefinitely do I need a section 21 or not in this case, I read somewhere that if I did issue one then the 2 month deadline on that might override the date given on their notice letter and actually allow them to stay longer although I might have misinterpreted?

jimbob3

jimbob3 wrote: »

I realise that but worst case scenario if they decided they wanted to stay indefinitely do I need a section 21 or not in this case, I read somewhere that if I did issue one then the 2 month deadline on that might override the date given on their notice letter and actually allow them to stay longer although I might have misinterpreted?

I was considering giving them a section21 to show them I was serious about them leaving when they were supposed to but don't want to if it actually gives them more time to stay!

G_M

I'd hold off the S21. In addition to any possible legal implication on their notice, it also sends a signal (ie "you can stay 2 months").


Your best bet is to quote the distress for rent act at them, warn themof immediate legal action for possession, and try to sweet-talk them out on the 22nd.


In parallel, speakto your new tenants and a) warn them b) see how they respond to a delay and what you can agree. Be honest with them and they hopefully will be understanding,