Can a tenant withdraw notice?

georgie1993

I was due to move into a property in August, contact had been signed/dated etc. 

The current tenant had requested early termination of contract, however the day after we were due to move in he decided he wanted to stay until October.
Letting agency said it’s his right to do so and there is nothing they could do about.
Is that right? 

TripleH

Has the landlord signed your contract as well as you?

Bottom line, sadly is yes the tenant can change their mind as they have done and only courts or the tenant themselves can terminate the contract.

If the landlord has signed your contract as well, that means they have agreed to provide you with a property to rent at £x a month so they have a big problem.

There was another thread about a similar scenario yesterday.

TripleH

https://forums.moneysavingexpert.com/discussion/6295599/breach-of-tenancy-contract#latest

Above looks to ba a similar scenario thread to yours

georgie1993

Thanks both for your replies.

Yes; the landlord also signed the contract.

Will take a read through that other thread, thank you!

Lunchbox

TripleH said:

Has the landlord signed your contract as well as you?

Bottom line, sadly is yes the tenant can change their mind as they have done and only courts or the tenant themselves can terminate the contract.

If the landlord has signed your contract as well, that means they have agreed to provide you with a property to rent at £x a month so they have a big problem.

There was another thread about a similar scenario yesterday.

This isn’t the case, the tenant cannot unilaterally withdraw their notice (if indeed they had given it). If the tenant had given notice, thereby ending the contract, they become liable for double rent from the end date if they fail to vacate.

MaryNB

I'm not sure about an agreed surrender during the fixed term but in the case of a notice to quit during a periodic tenancy a tenant cannot withdraw their notice unless agreed the landlord agrees (see below).
I couldn't find guidance with regards to withdrawing notice if the the tenancy has been surrendered. Your is a messy situation.

From Shelter:
An NTQ once served cannot be withdrawn.
....

The following occupiers can be lawfully evicted without a court order if they remain in the property after the notice period they gave in a valid NTQ expires:

• assured and assured shorthold tenants

TripleH

Lunchbox said:

This isn’t the case, the tenant cannot unilaterally withdraw their notice (if indeed they had given it). If the tenant had given notice, thereby ending the contract, they become liable for double rent from the end date if they fail to vacate.

You may well be correct, but as the Op is the prospective new tenant with a contract but no actual flat, the bottom line is they need to find somewhere else to live BUT they are not in a completely hopeless situation.

I think what is key is that the landlord cannot just kick the other person out.