Tenant not giving enough notice

jimbob3

hi guys looking for some advice here again

I have a tenant who gave notice in writing on the 10th Aug to leave on the 31st. I wrote back saying technically it should be at least one month ending on a rental period which would be 20th Sept but that I would accept one month to 10th Sept and asking them to confirm that date in writing but have had no response and I can't get hold of them so where do I stand?

If they disappear on the 31st can I charge them to the 10th or even 20th of Sept and if so would I be able to take this from their deposit via the DPS? They aren't good tenants so whilst I would like more than 3 weeks notice I also don't want them changing their mind and saying they don't have to leave because they didn't agree to a leaving date or is that not necessary?

thanks!

SmashedAvacado

Questionsable as to whether they have given any sort of notice at all because the notice served appears not to have been valid.

Pixie5740

jimbob3 wrote: »

hi guys looking for some advice here again

I have a tenant who gave notice in writing on the 10th Aug to leave on the 31st. I wrote back saying technically it should be at least one month ending on a rental period which would be 20th Sept but that I would accept one month to 10th Sept and asking them to confirm that date in writing but have had no response and I can't get hold of them so where do I stand?

If they disappear on the 31st can I charge them to the 10th or even 20th of Sept and if so would I be able to take this from their deposit via the DPS? They aren't good tenants so whilst I would like more than 3 weeks notice I also don't want them changing their mind and saying they don't have to leave because they didn't agree to a leaving date or is that not necessary?

thanks!

Is this a different tenant to the one who gave notice 18th July to leave 22nd August and then threatened to not leave until 12th September?

https://forums.moneysavingexpert.com/discussion/5883251/tenant-wants-to-change-leaving-date-after-giving-notice

Pixie5740

Possibly the same tenant you asked about on LandlordZone as well?

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1038841-tenant-wants-to-change-leaving-date-after-giving-notice

G_M

Hmmmm.. some clarity needed before it's worth answering....

jimbob3

Pixie5740 wrote: »

Is this a different tenant to the one who gave notice 18th July to leave 22nd August and then threatened to not leave until 12th September?

https://forums.moneysavingexpert.com/discussion/5883251/tenant-wants-to-change-leaving-date-after-giving-notice

no it isn't the same case - I'm actually asking this question on behalf of someone else but I can tell them to setup their own account and ask it again if you prefer?

gycraig_2

Why not just let them give the notice and move out ? On a risk basis surely it's better to lose them ten days than risk the tenant being a !!!! and sticking in and not paying the rent ?

jimbob3

gycraig wrote: »

Why not just let them give the notice and move out ? On a risk basis surely it's better to lose them ten days than risk the tenant being a !!!! and sticking in and not paying the rent ?

this may still happen, however I am still interested to know the answers to the original questions?

Pixie5740

jimbob3 wrote: »

no it isn't the same case - I'm actually asking this question on behalf of someone else but I can tell them to setup their own account and ask it again if you prefer?

You and your friend don't seem to be having much luck with tenants. Are either of you members of a landlord association? If not I recommend you join one it will help keep you up to speed with tenancy law and it gives you the opportunity to learn from others' mistakes.

Pixie5740

jimbob3 wrote: »

If they disappear on the 31st can I charge them to the 10th or even 20th of Sept and if so would I be able to take this from their deposit via the DPS? They aren't good tenants so whilst I would like more than 3 weeks notice I also don't want them changing their mind and saying they don't have to leave because they didn't agree to a leaving date or is that not necessary?

thanks!

Essentially the tenants have requested an early surrender of the tenancy and you, or rather your friend, has not accepted it. Therefore the tenancy will not end 31st August or 10th September because all your friend has done is make a counter-offer which the tenants don't appear to have accepted. If your friend declares that the notice isn't valid then I'm not sure your friend can also claim that the tenancy will end 20th September.

The tenancy periods run from 21st to 20th but when is the rent due? It is possible the tenants will still pay a full tenancy period of rent but vacate the property early.

What does the tenancy agreement say about deducting rent arrears from the deposit?

Has your friend attempted to contract the tenants to discuss the situation with them? If your friend doesn't have their contact number then your friend can serve notice to say (s)he will visit the property and go round to talk to the tenants in person. It's much easier to nip these issues in the bud.

tacpot12

If the tenancy agreement is clear that the notice only expires on end of a rent period you can charge them to 20th Sept. If the agreement is unclear, you can certainly charge them to 10th Sept. but if they actually move out on 31st August, you might be better off agreeing to end the tenancy on 31st August and charge no rent for days in September. If you charge rent to 10th Sept, then in theory the tenant can have access to the property until 10th Sept, this might be difficult if you have the only set of keys.