Tenant gave notice, but won't leave. Also in rent arrears.

saajan_12

Countist said:

To be clear, a new tenancy agreement has already been signed with incoming tenants based on the move-out date you provided. Your decision not to vacate as agreed puts both myself and them in a very challenging position. AGENT have also advised that without a confirmed end date, they’re unable to re-market the property, risking a potentially extended vacancy period.

I appreciate this is far from ideal, but I had hoped we could find a cooperative way forward that minimises disruption for everyone. If you’re unwilling to engage constructively to agree a revised, mutually acceptable move-out plan, I may have no choice but to initiate formal proceedings under Section 8, Ground 11, and seek a County Court Judgment. Please be aware that this can have serious consequences for your credit rating and future financial arrangements, including mortgage applications.

maybe Albermarle's suggestion is a good back-up plan.

This sounds quite ill-advised.. 

If the new tenant is signed up, then why is there a question of re-marketing? 
Also if the tenant served valid notice, then the notice ends at the expiry date and they would be occupiers without full rights. That needs to be the LL's position, but now it sounds like she's open to re-negotiating the date and continuing the tenancy. This completely kills the chance for mesne profits etc. 

This is why the friend needs to come for advice, not be acting rogue while people are trying to advise /

Countist

RSP, fair comment. I don't think we know the true underlying reason why he didn't pay the rent. I suspect he thought he needed it for his deposit, but that's just speculation.

Saajan, I see where you're coming from, but a lot of other advice here has been that it may be difficult to recover the money. I don't think trying to negotiate something that allows the new tenants to move in is a bad course of action given getting mesne profits appears to be uncertain. Regarding the remarketing that's *if* the new tenants can't move in, then likely they'll find something else, then the letting agent can't advertise the property for letting because they don't know when the current tenant will move out.

I don't think the above is really acting rogue, it's broadly in line with recommendations that have been received since the thread has been open

HobgoblinBT

What I can’t understand is why the OP’s friend’s agent is not acting on behalf of the landlord?  Surely one of the reasons on employing an agent at c 10% plus vat to manage a rental property is to professionally handle situations like this, rather than rely on amateurs, (me included) however well experienced or qualified on a fan forum.   If it were me in this situation, I would be on the phone to the Agent to insist that they take action on behalf of the Landlord as is their job as Agent.

On a more positive note, some Landlord Insurance includes legal protection for such situations. Does the OP’s friend have such cover and if so have they contacted their insurer’s legal helpline?

Countist

She has felt the letting agent has not really been on her side throughout the tenancy, it's likely that if it falls through with the new tenants she'll look elsewhere because I think we all agree the letting agent is useless.

Even this morning they advised against a section 8 because he's going to leave anyway and has promised to pay the rent back (apparently). It beggars belief honestly this is a large estate agent too not some people operating out of a barn in a garden.

I don't think she has landlord insurance unfortunately.

Albermarle

HobgoblinBT said:

What I can’t understand is why the OP’s friend’s agent is not acting on behalf of the landlord?  Surely one of the reasons on employing an agent at c 10% plus vat to manage a rental property is to professionally handle situations like this, rather than rely on amateurs, (me included) however well experienced or qualified on a fan forum.   If it were me in this situation, I would be on the phone to the Agent to insist that they take action on behalf of the Landlord as is their job as Agent.

On a more positive note, some Landlord Insurance includes legal protection for such situations. Does the OP’s friend have such cover and if so have they contacted their insurer’s legal helpline?

It is often mentioned on this forum, that to be a Letting Agent requires no qualifications and no experience.
Also when things go wrong, they usually wash their hands of it and push any issues back to the Landlord who remains ultimately responsible, even when they have an agent.

ReadySteadyPop

Albermarle said:

HobgoblinBT said:

What I can’t understand is why the OP’s friend’s agent is not acting on behalf of the landlord?  Surely one of the reasons on employing an agent at c 10% plus vat to manage a rental property is to professionally handle situations like this, rather than rely on amateurs, (me included) however well experienced or qualified on a fan forum.   If it were me in this situation, I would be on the phone to the Agent to insist that they take action on behalf of the Landlord as is their job as Agent.

On a more positive note, some Landlord Insurance includes legal protection for such situations. Does the OP’s friend have such cover and if so have they contacted their insurer’s legal helpline?

It is often mentioned on this forum, that to be a Letting Agent requires no qualifications and no experience.
Also when things go wrong, they usually wash their hands of it and push any issues back to the Landlord who remains ultimately responsible, even when they have an agent.

That`s right, agents are concerned with milking commission, they don`t really want to get involved in heavy legal action. Dropping the agent after this is resolved is a good move, but the new one will just be basically the same!

FreeBear

Countist said: but a lot of other advice here has been that it may be difficult to recover the money.

File a claim with MCOL for the unpaid rent. There should be plenty of evidence that the money has not been paid. Excuses from the tenant will be looked down upon by a judge, so a ruling in the LL's favour should be a formality.

With a CCJ in hand, apply for an attachment of earning. Alternatively, seek a charging order on the property he purchases, and then initiate bankruptcy proceedings. Yes, it will take a while to claw back the unpaid rent, but it will seriously damage the long term financial prospects of this tenant, and could even throw a spanner in his career.

marcia_

FreeBear said:

Countist said: but a lot of other advice here has been that it may be difficult to recover the money.

File a claim with MCOL for the unpaid rent. There should be plenty of evidence that the money has not been paid. Excuses from the tenant will be looked down upon by a judge, so a ruling in the LL's favour should be a formality.

With a CCJ in hand, apply for an attachment of earning. Alternatively, seek a charging order on the property he purchases, and then initiate bankruptcy proceedings. Yes, it will take a while to claw back the unpaid rent, but it will seriously damage the long term financial prospects of this tenant, and could even throw a spanner in his career.

 Aren't you just a lovely person. 

 Not enough to get a ccj you must make him homeless and lose his job. 

MeteredOut

marcia_ said:

FreeBear said:

Countist said: but a lot of other advice here has been that it may be difficult to recover the money.

File a claim with MCOL for the unpaid rent. There should be plenty of evidence that the money has not been paid. Excuses from the tenant will be looked down upon by a judge, so a ruling in the LL's favour should be a formality.

With a CCJ in hand, apply for an attachment of earning. Alternatively, seek a charging order on the property he purchases, and then initiate bankruptcy proceedings. Yes, it will take a while to claw back the unpaid rent, but it will seriously damage the long term financial prospects of this tenant, and could even throw a spanner in his career.

 Aren't you just a lovely person. 

 Not enough to get a ccj you must make him homeless and lose his job. 

Why should the OP not act in the same manner as the tenant? I agree with FreeBear - if they refuse to pay up and leave, I'd be ensuring they suffer the legal consequences of their own choices.

Countist

I think if the guy was jobless and was potentially being made homeless everyone would be much more sympathetic but it's clearly not the case at all. From the information that we have he just fancied saving the money for his house deposit and decided the rules didn't apply to him - it's tough to defend someone in that situation. He's also acting very selfishly by not just screwing over the landlord but also the new tenants who now also don't have somewhere to live.

The current situation was also completely within his control, no one forced him to give notice when he did.