Tenant wants to change leaving date after giving notice

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  • MdeB
    replied
    Originally posted by jpkeates View Post
    Every other section of it has been repealed or replaced, so it's a 23 section act with one active section..
    I believe that that is because the rest of the act was to do with distress, i.e. seizing tenant's goods in lieu of unpaid rent; distress for rent has been abolished. Interestingly (to me) the repeals have been over a period of about 130 years.

    The double rent section is not about distress, it just happens to sit in the Distress for Rent Act.

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  • jpkeates
    replied
    Well for a start, as MdeB says, it talks about paying double rent, which isn't really helpful.

    It uses "time" instead of "date" to refer to when a notice expires, and I think it actually does mean time, rather than date, that's not a change in meaning. Notices shouldn't have times.

    Every other section of it has been repealed or replaced, so it's a 23 section act with one active section.

    It uses the legal formulation of the 18th Century, with an introduction and then remedy*. There's no conventional legal formatting. You couldn't really expect anyone to read it and understand it easily.

    Apart from that, it's probably fine.

    *The US constitution uses the same formulation - "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." And that's not been controversial at all...

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  • KTC
    replied
    Why is it not fit for purpose? Just because it's old doesn't mean there's anything wrong with it. Unless you have specific objections or alternatives, then your only problem seems to be that it's old?

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  • jpkeates
    replied
    Originally posted by MdeB View Post
    don't agree. There needs to be some penalty for tenants failing to comply with their obligations.
    But not something from 1737, it's not fit for purpose today.

    There needs to be some way for me to get to London, but I'd rather not rely on a horse.

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  • MdeB
    replied
    Originally posted by jpkeates View Post
    If you accept the money as rent, you run the risk of creating a tenancy.
    I agree.

    (it's something that should probably have been repealed years ago)
    I don't agree. There needs to be some penalty for tenants failing to comply with their obligations.

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  • jpkeates
    replied
    If you accept the money as rent, you run the risk of creating a tenancy.
    The 18th century legislation hasn't been updated in line with other legislation and practices.

    I'd really hate to rely on it in real life (it's something that should probably have been repealed years ago).

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  • MdeB
    replied
    Originally posted by jpkeates View Post
    It's not double rent.
    Hmm! Interesting!

    The Distress For Rent act uses the terms "double the rent" and "double rent" (http://www.legislation.gov.uk/apgb/G.../19/section/18)

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  • jpkeates
    replied
    It's not double rent.

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  • MdeB
    replied
    Claim the double rent if they do not leave, and give the excess over expected rent to your new tenant as a goodwill gesture.

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  • Jimbob7
    replied
    Thanks some good advice there, thankfully the new tenants have been able to delay their moving date

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  • jpkeates
    replied
    Originally posted by MdeB View Post

    I believe this must be charged in arrears.
    If charged in advance, then I believe it is considered to be rent and creates a new tenancy.
    Makes sense (I have some doubts about the whole notion other than as a threat anyway).
    On a practical level, it would probably have to be charged in arrears, if only because it's compensatory.

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  • JK0
    replied
    In future don't sign on a new person until the old one leaves, (and you have checked the place over for repairs.)

    Carrying on as you have done was bound to end in tears at some point, wasn't it?

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  • MdeB
    replied
    Originally posted by jpkeates View Post
    you are entitled to charge a fee (which isn't rent and mustn't be confused with or referred to as rent) called mesne profit which is charged at double what the rent would have been.
    I believe this must be charged in arrears.
    If charged in advance, then I believe it is considered to be rent and creates a new tenancy.

    Leave a comment:


  • jpkeates
    replied
    Your best approach would be to tell the tenant that they're wrong, but to get some legal advice (shelter, solicitor, citizens advice) rather than argue the toss with you.
    There's no point getting into a debate about it.

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  • Jimbob7
    replied
    thanks for giving such a clear answer, it looks like at least I have the law behind me as a negotiating tool then..

    Leave a comment:

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