Problem tenant gave notice then changed mind....

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    Problem tenant gave notice then changed mind....

    One of our HMO tenants contacted me a couple of weeks ago about problems they had with a housemate having parties on weeknights and making a noise in the garden, drinking too much and lighting a fire, then throwing a hairspray can on it at 2am, so that it exploded. I was all ready to deal with it, but the one who complained didn't want me to bring up the details because they felt it would be difficult to continue living in the same house (it would have been obvious who had said something). The problem was then solved by the problem tenant handing in their notice. This meant that nobody needed to say anything and the situation had resolved itself. However yesterday, the problem tenant, who has no idea that anyone has complained about them, requested to rescind their notice. I have arranged to talk to them about it, but in the meantime told the complainant that given I have no grounds to say no, if they want me to refuse to allow the problem one to stay, I need to be allowed to raise the issues as to why. My feeling is that it would be best to have it all out on the table and suggest to the problem one that if the others don't want them back, then maybe it is time to move on. The complainant has asked me to refuse to have the problem one back, but I'm not sure whether I have the right to do that. Notice to quit was given by an email, so I'm not sure how legally binding that is on the tenant?

    #2
    Serve s8 TODAY all relevant grounds. Is tenancy periodic? If so NTQ might be valid, email should be OK. Explain to them double rent if not leaving after valid notice ....
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Tenancy was an initial 6 month AST, then rolling with one month's notice on their part, and I don't normally give notice if happy with ongoing tenancy, so I suppose on my side it's S21 or S8. Never given an S8 - would a copy-able one from the internet do or shall I use a solicitor?

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        #4
        Originally posted by bananas View Post
        Tenancy was an initial 6 month AST, then rolling with one month's notice on their part
        What do you mean by "rolling". If the initial tenancy was a fixed term only, then the tenant is currently on what's commonly referred to as a statutory periodic tenancy, which arose pursuant to s5 of the Housing Act 1988. Alternatively, the tenancy agreement explicitly stated that the tenancy is for an initial term of X months which then continue on a period by period basis contractually.

        In terms of notice by email, what does the tenancy agreement say about how notice in relation to the tenancy may be given by the tenant?

        If original notice to quit was valid, then it cannot be rescinded. If it was short but otherwise valid, then it is also binding so long as you had already accepted it.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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          #5
          Agree with the above. Notice cannot be rescinded. You would have to offer a new tenancy. Why would you offer another tenancy, isn't it a good time to get rid of the problem?

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            #6
            Thank you everyone. I'll let you know how it goes. I think now is a very good time to finish things.

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