Urgent end of tenancy query

400ixl

What is your issue with allowing them to leave on the date that they want to, given you need them out?

Why do you need them out, what would be the impact on that if they decided they were not going to leave and decide to sit out the S21 request and make you take it to court and potentially have to employ bailiffs to evict them?

It could be they need this date to work for the new property and if they can't do that, lose the property and the above scenario kicks in as a worst case.

Personally I would be saying thank you very much. 

VT41

I don’t have any issues with the tenants. It’s a question of whether they need to pay the days in between 03/03/25 (when the tenancy naturally ends) and 11/03/25 (if they give notice today) which I don’t think they need to 

gwynlas

You issued a fixed term contract and therefore no notice needed to be served but it would be expected that some discussion would take place should this date be breached

If they are leaving within days of the expiry of the fixed term then obviously rent due to end of term.

You have served notice on them to leave for whatever reason, they might therefore believe that this negates them giving you notice.

Please be aware that they might be advised to sit tight until such time as you evict them

PRAISETHESUN

If both of you agree to new terms then anything goes really. You can ask them to pay, you can ask them not to. If you decide to be heavy handed for it and charge them a full tenancy period for serving notice to end a few days into a new tenancy cycle (as you are legally entitled to of course) then personally I wouldn't be surprised if they decide to put their foot down and insist on their legal rights as well. Just because you've issued S21 doesn't actually require them to leave on the date you specify. There's a long, drawn out and expensive legal process ahead.

I'd just be sensible really. Agree on a date you both are happy for them to vacate the property by, pro-rate any rent due, and call it a day.

saajan_12

PRAISETHESUN said:

If both of you agree to new terms then anything goes really. You can ask them to pay, you can ask them not to. If you decide to be heavy handed for it and charge them a full tenancy period for serving notice to end a few days into a new tenancy cycle (as you are legally entitled to of course) then personally I wouldn't be surprised if they decide to put their foot down and insist on their legal rights as well. Just because you've issued S21 doesn't actually require them to leave on the date you specify. There's a long, drawn out and expensive legal process ahead.

I'd just be sensible really. Agree on a date you both are happy for them to vacate the property by, pro-rate any rent due, and call it a day.

No, OP is not legally entitled in this case. If the tenant leaves by the end of the fixed term, then the tenancy ends there so there is no new tenancy cycle to. They might be able to claim damages for the insufficient notice, which might be the rent OP would have received from the next tenant, who would have started earlier.. but that's a lot of 'would haves' to prove. If OP could mitigate their damages, it may be less than a full months rent. 

PRAISETHESUN

saajan_12 said:

PRAISETHESUN said:

If both of you agree to new terms then anything goes really. You can ask them to pay, you can ask them not to. If you decide to be heavy handed for it and charge them a full tenancy period for serving notice to end a few days into a new tenancy cycle (as you are legally entitled to of course) then personally I wouldn't be surprised if they decide to put their foot down and insist on their legal rights as well. Just because you've issued S21 doesn't actually require them to leave on the date you specify. There's a long, drawn out and expensive legal process ahead.

I'd just be sensible really. Agree on a date you both are happy for them to vacate the property by, pro-rate any rent due, and call it a day.

No, OP is not legally entitled in this case. If the tenant leaves by the end of the fixed term, then the tenancy ends there so there is no new tenancy cycle to. They might be able to claim damages for the insufficient notice, which might be the rent OP would have received from the next tenant, who would have started earlier.. but that's a lot of 'would haves' to prove. If OP could mitigate their damages, it may be less than a full months rent. 

Ah, missed the fact this was a fixed term ending. Then yes, if the tenant chooses to leave at the end of the fixed term no notice is needed.

The point I was trying to make really is that at the end of the day everything is negotiable. If the LL and tenant want to strike a deal that is different to the wording in the TA, which is the legal default position for both parties, then they are more than welcome to.

Bobbityboo

VT41 said:

I don’t have any issues with the tenants. It’s a question of whether they need to pay the days in between 03/03/25 (when the tenancy naturally ends) and 11/03/25 (if they give notice today) which I don’t think they need to 

They don’t need to give notice if they are in a fixed term contract. If you are happy with them leaving 2 days before the end of the contract then all is fine.  No problem. Seems like a good compromise as you have served a S21 anyway.  Saves you a whole load of hassle, everyone is happy. Job done! 

sheramber

If you do not consider they need to pay what is the problem?

who is forcing you to charge them?

Grumpy_chap

Hopefully there are not too many LL's like the OP.

The LL has some options:

1. Try to force the tenant to remain and then leave a month later than the tenant wishes to leave.  Hope that the last months rent is paid.  Of course, the T might just leave anyway and not pay the last month's rent.  I doubt the rent will be recoverable through the courts.
2. Force the T to remain, and the T actually does remain but then is not willing to vacate the property at the end of the additional month so forces the LL down the route of legal eviction via court action, or crossing the T's hand with copious amounts of silver to vacate when the LL wishes the T to go.
3. Smile and go skipping and dancing down the road when the T leaves at the end of the original fixed term, grateful that the T has the access to the property back easily and without stress or hassle or cost for the day when the LL wishes to have access to the property back.

HillStreetBlues

Is this a wind up, or are some LL really this bad?