Tenancy Completed - Stay Extra Week

dranzer01

My cousins tenancy is completed this Saturday, however he needs to stay another week as his new place's references haven't come back in time yet. (He could easily go to an Airbnb, but I think he's seeing it as staying an extra week would be easier).

Even though tenancy is up, he still has rights to stay within the property? (He isn't looking to stay anything longer than 5 days, so he is not looking to be a nuisance or a peat by any means, just needs a little bit more breathing space)

The property has been already put on the market for availability on the 6th February, so its not as if he will be impeding on anyone or anything and will be long gone by then.

Would he just have to send the agency an email informing them hes looking to stay another week and thats it?

emmajones1976

Yup. And make sure he pays the extra time. His only issue would be is he needs a reference for his new place and if they rightfully mention he overstayed by 5 days, could it scupper things?

saajan_12

dranzer01 said:

My cousins tenancy is completed this Saturday, however he needs to stay another week as his new place's references haven't come back in time yet. (He could easily go to an Airbnb, but I think he's seeing it as staying an extra week would be easier).

Even though tenancy is up, he still has rights to stay within the property? (He isn't looking to stay anything longer than 5 days, so he is not looking to be a nuisance or a peat by any means, just needs a little bit more breathing space)  -how is the tenancy 'up'? eg has cousin served notice, or has he & LL mutually agreed, or is the fixed term finishing, or has court served possession order?

The property has been already put on the market for availability on the 6th February, so its not as if he will be impeding on anyone or anything and will be long gone by then. - well they might be planning to do work in between, so you don't know that

Would he just have to send the agency an email informing them hes looking to stay another week and thats it?

First question is how is the tenancy 'completing'. 

• If he has served notice, or mutually agreed with the LL, or court served a possession order expiring on Sat, then he doesn't have a right to stay without incurring extra costs. 

• If its just the fixed term ending or the LL has served a S21 without going to court yet, then the tenancy is not ending, and he can stay on a periodic tenancy. However tenancy periods are not subdivisble, so he would have to pay the entire month (or more if he doesn't serve notice in time). 

For either of the above, you can always ask the LL/LA and negotiate a change to the legal setup. That could be to stay X date and pay Y rent, or whatever. However if the LL refuses, then you're stuck with one of the above. 

Slithery

dranzer01 said:

Even though tenancy is up, he still has rights to stay within the property? (He isn't looking to stay anything longer than 5 days, so he is not looking to be a nuisance or a peat by any means, just needs a little bit more breathing space)

No, he has legal right to stay after the end of his tenancy. In fact he can be charged double-rent for giving notice and then failing to vacate.

dranzer01 said:

The property has been already put on the market for availability on the 6th February, so its not as if he will be impeding on anyone or anything and will be long gone by then.

How do you know that the deliberate gap between tenants isn't so the LL can get work done on the property? He could well be in someones way, in fact there could already be workmen booked in expecting an empty property.

dranzer01 said:

Would he just have to send the agency an email informing them hes looking to stay another week and thats it?

Well it's an incredibly crappy thing to do to the LL but realistically the only thing they can do about it is charge the double-rent and get a court order for eviction, which will take longer than 5 days.

Edit - Sorry, I wrote all of that assuming your brother has given notice to end the tenancy. Is that the case here?

dranzer01

saajan_12 said:

dranzer01 said:

My cousins tenancy is completed this Saturday, however he needs to stay another week as his new place's references haven't come back in time yet. (He could easily go to an Airbnb, but I think he's seeing it as staying an extra week would be easier).

Even though tenancy is up, he still has rights to stay within the property? (He isn't looking to stay anything longer than 5 days, so he is not looking to be a nuisance or a peat by any means, just needs a little bit more breathing space)  -how is the tenancy 'up'? eg has cousin served notice, or has he & LL mutually agreed, or is the fixed term finishing, or has court served possession order?

The property has been already put on the market for availability on the 6th February, so its not as if he will be impeding on anyone or anything and will be long gone by then. - well they might be planning to do work in between, so you don't know that

Would he just have to send the agency an email informing them hes looking to stay another week and thats it?

First question is how is the tenancy 'completing'. 

• If he has served notice, or mutually agreed with the LL, or court served a possession order expiring on Sat, then he doesn't have a right to stay without incurring extra costs. 

• If its just the fixed term ending or the LL has served a S21 without going to court yet, then the tenancy is not ending, and he can stay on a periodic tenancy. However tenancy periods are not subdivisble, so he would have to pay the entire month (or more if he doesn't serve notice in time). 

For either of the above, you can always ask the LL/LA and negotiate a change to the legal setup. That could be to stay X date and pay Y rent, or whatever. However if the LL refuses, then you're stuck with one of the above. 

* The tenancy is up as it was a 12 month tenancy, and the 12 months is this week - therefore its ending, in so many words....

(cousin served notice I believe two months ago , letting know he wasnt looking to stay on past the 12 months)

* Nothing has been agreed yet with the agency, hes just informed them what he is looking to do.

* Thats true, they might be planning on doing work, but last time someone came to his property, they said it was all looking fine and in good health. The only thing would be a professional clean and that takes 2-3 hours.....

Chris_English

Why doesn't he just askl the landlord if that's OK, and if it's not then get an Air BnB or stay in a hotel?

rexmedorum

dranzer01 said:

...

(cousin served notice I believe two months ago , letting know he wasnt looking to stay on past the 12 months)

This is the crucial bit. They only have a right to stay if they haven't given any notice. 
But indeed the first thing to do would be to contact the landlord and see if anything can be arranged.

dranzer01

Chris_English said:

Why doesn't he just askl the landlord if that's OK, and if it's not then get an Air BnB or stay in a hotel?

If all else fails..... he can.... The point in question was could he stay on for an extra week without any 'hassle' or them coming round constantly

canaldumidi

rexmedorum said:

dranzer01 said:

...

(cousin served notice I believe two months ago , letting know he wasnt looking to stay on past the 12 months)

This is the crucial bit. They only have a right to stay if they haven't given any notice. 
But indeed the first thing to do would be to contact the landlord and see if anything can be arranged.

No. Notice served during the fixed term will not affect the tenant's right to stay and move to a Periodic Tenancy.

He has 3 options:

1) leave on or before the fixed term ends (and pay till the FT ends).

2) speak to the LL and agree a later date. The LL does not have to agree, but might. Rent for the extr week would normally be just be for the extra days, but the LL could insist he pays a full months rent. It;s up to agreement. Get any agreement confirmed in writing.

3) just stay. If he does this, he will automatically create a periodic (rolling) tenancy. He will then need to serve proper notice, usually a full tenancy period which could be almost 2 months.

Obviously option 2 is the best......

rexmedorum

canaldumidi said:

rexmedorum said:

dranzer01 said:

...

(cousin served notice I believe two months ago , letting know he wasnt looking to stay on past the 12 months)

This is the crucial bit. They only have a right to stay if they haven't given any notice. 
But indeed the first thing to do would be to contact the landlord and see if anything can be arranged.

No. Notice served during the fixed term will not affect the tenant's right to stay and move to a Periodic Tenancy.

He has 3 options:

1) leave on or before the fixed term ends (and pay till the FT ends).

2) speak to the LL and agree a later date. The LL does not have to agree, but might. Rent for the extr week would normally be just be for the extra days, but the LL could insist he pays a full months rent. It;s up to agreement. Get any agreement confirmed in writing.

3) just stay. If he does this, he will automatically create a periodic (rolling) tenancy. He will then need to serve proper notice, usually a full tenancy period which could be almost 2 months.

Obviously option 2 is the best......

Eeuhm no, it seems to be the tenant who has given, what you're describing is when the landlord has given notice.

Whether they have indeed given a valid notice or not is another (and crucial) question.

dranzer01

Notice was given two months ago.