Very short term rental agreement

steve866

dimbo61 said:

I like the phrase having your Cake and eat it 
The Landlord wants Rent till the day the tenants move out and he sells the property.
.

According to the OP, they are trying to support a request from the tenant to stay a bit later, not quite the same thing. 

AlexMac

It strikes me that as the tenants have not yet moved out, you have nothing to lose by letting them know you are being helpful and flexible… in the hope that they really will move out when you need them to. As others have said, they can sit tight if they decide to be tricky and wait for the many weeks it will take you to secure Court eviction and Bailiff enforcement.. 

a bigger problem could be if your buyer’s solicitor advises they not exchange, let alone complete, without the property being vacant?  My lawyer was adamant when we last bought, insisting that the tenant, who had moved overseas months previously but who still had time left on their AST, sign a binding surrender of their lease before we even exchanged. 

Hopefully your buyer’s conveyancer is less picky?

theartfullodger

A rolling 7 day AST is entirely legal.  (or 3day or 2 day) Tenants would be daft to agree - they've got more security currently. (England).

Done ANY training in how to be a landlord? 

TisMeBill

theartfullodger said:

A rolling 7 day AST is entirely legal.  (or 3day or 2 day) Tenants would be daft to agree - they've got more security currently. (England).

Done ANY training in how to be a landlord? 

The tenants currently have to vacate the property on June 30th when their contract ends (they have also had an S21 confirming this), they have asked us if they can stay longer until the property sale is ready to complete. So I don't understand why they would be DAFT to agree to something they have requested! 

TisMeBill

AlexMac said:

It strikes me that as the tenants have not yet moved out, you have nothing to lose by letting them know you are being helpful and flexible… in the hope that they really will move out when you need them to. As others have said, they can sit tight if they decide to be tricky and wait for the many weeks it will take you to secure Court eviction and Bailiff enforcement.. 

a bigger problem could be if your buyer’s solicitor advises they not exchange, let alone complete, without the property being vacant?  My lawyer was adamant when we last bought, insisting that the tenant, who had moved overseas months previously but who still had time left on their AST, sign a binding surrender of their lease before we even exchanged. 

Hopefully your buyer’s conveyancer is less picky?

Our own solicitor has told is not to exchange until the tenants have moved out and even though we have a very good relationship with the tenants and do trust them to move out on the agreed date, we are going to follow our solicitor's advice.

anselld

TisMeBill said:

theartfullodger said:

A rolling 7 day AST is entirely legal.  (or 3day or 2 day) Tenants would be daft to agree - they've got more security currently. (England).

Done ANY training in how to be a landlord? 

The tenants currently have to vacate the property on June 30th when their contract ends (they have also had an S21 confirming this), they have asked us if they can stay longer until the property sale is ready to complete. So I don't understand why they would be DAFT to agree to something they have requested! 

.. because unless they themselves have served notice the tenancy does not end.  If they wish to stay they do not actually need your permission.  Only a Court or the tenants can end a tenancy.   This is why it is in your interest to keep mutual agreement going at this point rather than trying to stitch things up with further contracts.

theartfullodger

TisMeBill said:

theartfullodger said:

A rolling 7 day AST is entirely legal.  (or 3day or 2 day) Tenants would be daft to agree - they've got more security currently. (England).

Done ANY training in how to be a landlord? 

The tenants currently have to vacate the property on June 30th when their contract ends (they have also had an S21 confirming this), they have asked us if they can stay longer until the property sale is ready to complete. So I don't understand why they would be DAFT to agree to something they have requested! 

Nope.  An s21 notice (even if valid, many are not) does NOT end tenancy NOR COMPEL tenant to leave,  They have every right to stay on, don't need your permission, as confirmed in Thatcher's (not a fan)  1988 Housing Act.

If you then take s21 to court (as you have every right), if tenants defend (as they have every right courtesy Thatcher) it will probably take about 4 months before bailiffs/hceo execute Possession order.

Someone's daft.... dunno whom...

Done any training in how to be a landlord, please? I ask as when i started in 2000 I thought i knew what i was doing.  Wrong! Painful, expensive, complex, long-drawn-out mistakes.  Oh my stupidity, oh the Hubris!

Artful: landlord since 2000.  Still learning, still making mistakes.

TisMeBill

theartfullodger said:

TisMeBill said:

theartfullodger said:

A rolling 7 day AST is entirely legal.  (or 3day or 2 day) Tenants would be daft to agree - they've got more security currently. (England).

Done ANY training in how to be a landlord? 

The tenants currently have to vacate the property on June 30th when their contract ends (they have also had an S21 confirming this), they have asked us if they can stay longer until the property sale is ready to complete. So I don't understand why they would be DAFT to agree to something they have requested! 

Nope.  An s21 notice (even if valid, many are not) does NOT end tenancy NOR COMPEL tenant to leave,  They have every right to stay on, don't need your permission, as confirmed in Thatcher's (not a fan)  1988 Housing Act.

If you then take s21 to court (as you have every right), if tenants defend (as they have every right courtesy Thatcher) it will probably take about 4 months before bailiffs/hceo execute Possession order.

Someone's daft.... dunno whom...

Done any training in how to be a landlord, please? I ask as when i started in 2000 I thought i knew what i was doing.  Wrong! Painful, expensive, complex, long-drawn-out mistakes.  Oh my stupidity, oh the Hubris!

Artful: landlord since 2000.  Still learning, still making mistakes.

No not done any training as a landlord, but we were very careful who we have as tenants. You don’t seem to understand the situation, there is no animosity or problem of any sort between us and our tenants. They are decent people and we are decent people, we told them a year ago we would be selling the house, they had a new rental lined up, but it has fallen thru’.  So they have asked us as a favour to them to let them stay a few more weeks, there is not, nor will there be any possibility of them attempting to remain in the property beyond the date we agree with them. I don’t know how you treat your tenants and what your relationship with them is, but we have found if you treat people fairly, they will be fair with you.

CSI_Yorkshire

TisMeBill said:

theartfullodger said:

TisMeBill said:

theartfullodger said:

A rolling 7 day AST is entirely legal.  (or 3day or 2 day) Tenants would be daft to agree - they've got more security currently. (England).

Done ANY training in how to be a landlord? 

The tenants currently have to vacate the property on June 30th when their contract ends (they have also had an S21 confirming this), they have asked us if they can stay longer until the property sale is ready to complete. So I don't understand why they would be DAFT to agree to something they have requested! 

Nope.  An s21 notice (even if valid, many are not) does NOT end tenancy NOR COMPEL tenant to leave,  They have every right to stay on, don't need your permission, as confirmed in Thatcher's (not a fan)  1988 Housing Act.

If you then take s21 to court (as you have every right), if tenants defend (as they have every right courtesy Thatcher) it will probably take about 4 months before bailiffs/hceo execute Possession order.

Someone's daft.... dunno whom...

Done any training in how to be a landlord, please? I ask as when i started in 2000 I thought i knew what i was doing.  Wrong! Painful, expensive, complex, long-drawn-out mistakes.  Oh my stupidity, oh the Hubris!

Artful: landlord since 2000.  Still learning, still making mistakes.

No not done any training as a landlord, but we were very careful who we have as tenants. You don’t seem to understand the situation, there is no animosity or problem of any sort between us and our tenants. They are decent people and we are decent people, we told them a year ago we would be selling the house, they had a new rental lined up, but it has fallen thru’.  So they have asked us as a favour to them to let them stay a few more weeks, there is not, nor will there be any possibility of them attempting to remain in the property beyond the date we agree with them. I don’t know how you treat your tenants and what your relationship with them is, but we have found if you treat people fairly, they will be fair with you.

I think the piece in bold is where people are concerned, including the solicitors.

Would you have said the same thing previously?  There was no possibility of them staying past the previously agreed date of 30 June?  Because it now turns out that they will, or at least want to.

You know the tenants better than anyone on here, so if you're comfortable then you're comfortable, but from a purely dispassionate and legal perspective (which is the job of your solicitor) there is room to be wary.

anselld

TisMeBill said:

theartfullodger said:

TisMeBill said:

theartfullodger said:

A rolling 7 day AST is entirely legal.  (or 3day or 2 day) Tenants would be daft to agree - they've got more security currently. (England).

Done ANY training in how to be a landlord? 

The tenants currently have to vacate the property on June 30th when their contract ends (they have also had an S21 confirming this), they have asked us if they can stay longer until the property sale is ready to complete. So I don't understand why they would be DAFT to agree to something they have requested! 

Nope.  An s21 notice (even if valid, many are not) does NOT end tenancy NOR COMPEL tenant to leave,  They have every right to stay on, don't need your permission, as confirmed in Thatcher's (not a fan)  1988 Housing Act.

If you then take s21 to court (as you have every right), if tenants defend (as they have every right courtesy Thatcher) it will probably take about 4 months before bailiffs/hceo execute Possession order.

Someone's daft.... dunno whom...

Done any training in how to be a landlord, please? I ask as when i started in 2000 I thought i knew what i was doing.  Wrong! Painful, expensive, complex, long-drawn-out mistakes.  Oh my stupidity, oh the Hubris!

Artful: landlord since 2000.  Still learning, still making mistakes.

No not done any training as a landlord, but we were very careful who we have as tenants. You don’t seem to understand the situation, there is no animosity or problem of any sort between us and our tenants. They are decent people and we are decent people, we told them a year ago we would be selling the house, they had a new rental lined up, but it has fallen thru’.  So they have asked us as a favour to them to let them stay a few more weeks, there is not, nor will there be any possibility of them attempting to remain in the property beyond the date we agree with them. I don’t know how you treat your tenants and what your relationship with them is, but we have found if you treat people fairly, they will be fair with you.

If you are that confident (and I hope you are correct when the time comes) what is the point of the original question which was looking for a method of making a contractual agreement?