Tenancy Completed - Stay Extra Week

Chris_English

dranzer01 said:

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

Then the answer is no. The landlord can come round hourly if he wants, or follow the OP round the town asking him when he’ll leave.

lookstraightahead

Really - your cousin would perhaps ruin the next tenancy and stay in a house that your cousin gave notice on, just for 5 days? 

Is this because they might need to find somewhere to store stuff? 

Elmer_BeFuddled

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?

Nice to see someone say "a hotel" and not as usual "an hotel"! The "a" and "an" misplaced annoys the crap out of me!

Strangely, a bit like newsreaders from outside the midlands saying Birnigham when it's Birmingham!

Pedant head now changed!

[Deleted User]

rexmedorum said:

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.

Cant the tenant just leave at the end of the fixed term without giving notice?

MaryNB

dranzer01 said:

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.....

It's only because he has given notice that the tenancy will end. Without that, the fact that the 12 month fixed term is coming to an end would have no bearing on his status as a tenant - it's the end of the fixed term, not the tenancy. If he hadn't given notice he would just continue living there on a automatic periodic tenancy without any changes to his situation or rights as a tenant - except the landlord can serve an S21 at any point. 

Since he has given notice his only options are to negotiate with the landlord to stay a bit longer (best done asap before new tenants are lined up) or stay beyond the notice and risk being charged double rent. 

Also on the last point, if he chooses to get a "professional clean" done that's obviously fine but his landlord cannot insist on it. The property only has to be left as clean as he found it. 

dranzer01

Thanks all,

Sounds like he might be faced with the agency people coming round to his house throughout the week then asking when will he be leaving.

I dont think they can chuck him out anyway, as regardless, he still has rights. But then again, thats all for him to decide around and how he will manoeuvre this 

dimbo61

Professional clean in 2/3 hours !

nyermen

Just be aware of this... Double rent

dranzer01

My cousin told me that the landlord is now contacting them as they have rent outstanding around £1,500. Is this allowed? The place was let through an agency, so why is the landlord whatsapping and calling my cousin directly...? There is even wording around of 'are you going to take the !!!!!!' via whatsapp message, which I highly take is not professional in the slightest and could be grounds for harassment. The agency should be contacting my cousin directly through email, letters and alike not the landlord.

I look forward to clarifications on this.

user1977

dranzer01 said:

My cousin told me that the landlord is now contacting them as they have rent outstanding around £1,500. Is this allowed? The place was let through an agency, so why is the landlord whatsapping and calling my cousin directly...? There is even wording around of 'are you going to take the !!!!!!' via whatsapp message, which I highly take is not professional in the slightest and could be grounds for harassment. The agency should be contacting my cousin directly through email, letters and alike not the landlord.

I look forward to clarifications on this.

There's no rule that the landlord cannot contact the tenant directly (or vice versa) even if the landlord has an agent.

Whether or not the money is due, or the communications count as harassment, are separate matters.