First time buyer issue with completion date

_Penny_Dreadful

eddddy said:

_Penny_Dreadful said:

It's not double rent, it would be mesne profits.

I don't claim to be an expert on this, but Shelter say:


https://england.shelter.org.uk/professional_resources/legal/renting/how_a_tenant_can_end_a_tenancy/occupiers_notice_to_end_a_periodic_tenancy_or_licence





https://england.shelter.org.uk/professional_resources/legal/costs_of_renting/rents_and_rent_increases/payments_after_tenancy_ends


Why couldn't the landlord claim double rent in the OP's case?

It’s not rent, double or otherwise, because the tenancy has ended. If the landlord accepts rent a new tenancy is created. The mesne profits are an amount equal to the value of twice the previous rent but it is not rent. 

Shelter has been sloppy in its wording and is conflating “double rent” with “mesne profits.” This Shelter link makes a slightly better fist of it but then contradicts itself further down the page. 

https://england.shelter.org.uk/professional_resources/legal/costs_of_renting/rents_and_rent_increases/payments_after_tenancy_ends

Smalltownhypocrite

_Penny_Dreadful said:

Smalltownhypocrite said:

Just keep paying rent... they would have to go to a S21 to evict which could take 6 months and cost them lots of money which would be utterly silly and counter productive if you are still paying them, good tenants that are causing no damage and moving out just a month or two later than expected.

Notice just means 'formal awareness of intent', the intent has now been temporarily delayed but you didn't sign your soul away to be forced on the street.

Nothing you've said is correct.

Notice served by the tenant isn't just formal awareness of intent, it legally ends the tenancy.  The landlord doesn't have to serve a Section 21, the landlord can apply straight to court for a possession order if the OP doesn't vacate the property by the notice date.

Furthermore, the landlord is entitled to mesne profits under the Distress for Rent Act 1737.

You don't need a tenancy (ever heard the term 'squatter') to remain in a property until court order and bailiffs which takes time and cost a hell of a lot, however by paying rent you create a tenancy... it doesn't need to be a signed contract and ending one doesn't stop a new rolling on being created.

No sane landlord will go to court when the OP is paying rent and not causing damage and only needs to stay a month or so longer.

The landlord is not losing anything but would lose a LOT to have her removed, it would be actual insanity and she would be gone before baliff even scheduled the landlord in.

Lolly_foz

Thanks everyone! I appreciate all the advice and yes hindsight is a wonderful thing, we are new to all this and stupidly took the agents word for it that this lady further down the line was going to break the chain and that our sellers wanted to complete mid July. We live and we learn. We won’t be homeless, we have plenty of friends who will let us stay etc and our landlord is actually great. I really just wanted to know where we stood with it all. 

Hopefully we will hear something soon as our solicitor has asked our sellers solicitor if they would consider breaking the chain and moving out so we can get it moving but we shall see! 

Thanks again 

_Penny_Dreadful

Smalltownhypocrite said:

_Penny_Dreadful said:

Smalltownhypocrite said:

Just keep paying rent... they would have to go to a S21 to evict which could take 6 months and cost them lots of money which would be utterly silly and counter productive if you are still paying them, good tenants that are causing no damage and moving out just a month or two later than expected.

Notice just means 'formal awareness of intent', the intent has now been temporarily delayed but you didn't sign your soul away to be forced on the street.

Nothing you've said is correct.

Notice served by the tenant isn't just formal awareness of intent, it legally ends the tenancy.  The landlord doesn't have to serve a Section 21, the landlord can apply straight to court for a possession order if the OP doesn't vacate the property by the notice date.

Furthermore, the landlord is entitled to mesne profits under the Distress for Rent Act 1737.

You don't need a tenancy (ever heard the term 'squatter') to remain in a property until court order and bailiffs which takes time and cost a hell of a lot, however by paying rent you create a tenancy... it doesn't need to be a signed contract and ending one doesn't stop a new rolling on being created.

No sane landlord will go to court when the OP is paying rent and not causing damage and only needs to stay a month or so longer.

The landlord is not losing anything but would lose a LOT to have her removed, it would be actual insanity and she would be gone before baliff even scheduled the landlord in.

More nonsense. 

I have heard of squatters and I know what makes someone a squatter.  If you think squatters would apply to this situation then clearly you don't understand what makes someone a squatter.

I also know a tenancy (in England) doesn't have to be in writing.  Hence my earlier posts making the distinction between rent and mesne profits. The landlord could agree to accept mesne profits whilst making it crystal clear the tenancy has ended and they are not accepting any money as rent.  Additionally, the landlord can recover court and bailiffs costs from the former tenant so they wouldn't really end up out of pocket.

None of us know the landlord's plans for the property are, they could have been waiting for the OP to serve notice as they intend to sell the property, or move in themselves, or find new tenants at an increased rent.  The best thing the OP can do, as I've already suggested, is communicate with the landlord.

I'm sure you're trying to be helpful but your posts bear no semblance to legal realities.  

saajan_12

Lolly_foz said:

Thanks everyone! I appreciate all the advice and yes hindsight is a wonderful thing, we are new to all this and stupidly took the agents word for it that this lady further down the line was going to break the chain and that our sellers wanted to complete mid July. We live and we learn. We won’t be homeless, we have plenty of friends who will let us stay etc and our landlord is actually great. I really just wanted to know where we stood with it all. 

Hopefully we will hear something soon as our solicitor has asked our sellers solicitor if they would consider breaking the chain and moving out so we can get it moving but we shall see! 

Thanks again 

If you have a good relationship with the landlord then speak to them asap - if its only been a few days, they may not have gone too far in the reletting or planning for maintenance workers. So they may be willing to extend or let you rescind the notice. If you wait til after they've made commitments reliant on you leaving as planned, then it might be more difficult. Remember its a request not a right you have. 

Make sure you're clear on whether you're agreeing a new termination date or whether you'll need to re-serve notice when ready. Usually best to do that immediately after exchange.