Tenant withdrawing notice

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    Tenant withdrawing notice

    I accepted tenants' notice to quit their SPT mid period. Their leaving date is really badly timed for me (2 weeks into summer hols, preventing me taking the kids abroad).

    The notice wasn't valid, since it didn't end on the first or last day of the monthly SPT, but I did accept it. Now, with less than a month to go, the tenants want to change it to 3 days later.

    On 29-06-2019 Lawcruncher quoted:-

    "A. Tenant gives invalid notice. Landlord communicates acceptance. Tenant signs up for another tenancy. Landlord cannot argue notice is invalid.

    B. Tenant gives invalid notice. Landlord communicates acceptance. Landlord signs up another tenant. Tenant cannot argue notice is invalid.

    C. Tenant gives invalid notice. Landlord communicates acceptance. Landlord withdraws acceptance.Tenant signs up for another tenancy. Tenant cannot argue notice is valid.

    D. Tenant gives invalid notice. Landlord communicates acceptance. Tenant withdraws notice. Landlord signs up another tenant. Landlord cannot argue notice is valid."

    My scenario is combination of C and D, because I would like the tenants to issue a valid notice, expiring on 3rd or 4th September, which would enable me to take the kids on holiday . My fear is that if I were to accept the newly proposed date (which compromises the holidays further), I am vulnerable to being messed about even more, because this could still be argued to be invalid.

    So does their request to change the date override the previously accepted notice and what would you do ?

    #2
    The tenant can't change the date of their notice without your agreement.

    When you agreed the date of the first notice, that made it valid.

    Personally, I'd let the tenants move out when they want to provided they pay for a check out service, take the holiday regardless and pay someone to do a check out in my absence..
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      So you want them to leave early september?
      When do they want to leave?
      Why do you need to be their when they leave? Simply ask them to either take keys to agent (if you use one) or secure property and post keys through door.
      Do post checkout etc when you get back from holidays, or ask agent to do it.

      As per JPkeates, let them go and work around that... Last thing you want is to make them stay when they dont want to.

      Comment


        #4
        They wanted to leave 10th August, now it's 13th August. I don't use an agent and I did the check in, so would prefer to do the check out. They are decent people, if slightly incompetent and they don't have lots of money, so they will need their deposit back ASAP. I want to work on their side, but want to minimise the risk of further complications.

        Comment


          #5
          I think this is one where a pragmatic approach is required. The only way to achieve legal certainty is to have an agreement for surrender which complies with the Law of Property (Miscellaneous Provisions) Act 1988 - but that will not of course guarantee that the tenants will actually leave on the agreed date.

          I think take the line of least resistance and agree the three day extension.

          Comment


            #6
            Let them have their extension. Do check out on your return from holiday. Arrange for a friend to pop around after they have gone to collect keys, check all windows are locked and go from there.

            Comment


              #7
              Thanks for the advice. Yes, I suppose it's best to bite my lip and let them walk all over me!

              Comment


                #8
                They're not walking all over you.
                They're trying not to be homeless for three days or pay for two lots of rent.

                They've paid their rent and been decent customers of yours.
                So why not do them a small favour?
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9


                  Does their original notice ending on 10th August still stand? It was simply an email containing this:- "Sorry for the delay in getting back to you, we would like to confirm our last day as the 10th Aug", which I accepted.
                  Weeks later, they sent this "I'm afraid our moving date has slightly changed to the 13th Aug"

                  So, after reading your comments, I emailed them this:-

                  "If serving proper notice really is a problem for you, then I suggest we draw up a formal agreement allowing you to leave on 13th August. We would need to include some sort of clause explaining that if you defaulted on the agreement, you would be liable for any consequential costs (eg: compensation to incoming tenants if you failed to check out on 13th August)."

                  Three days later, they still haven't replied and I don't know where I stand.

                  Comment


                    #10
                    Their tenancy agreement stipulates 'viewings in the last 28 days are allowed'. I haven't even advertised the property yet, because I don't know when it will be vacant and 10th August is just three weeks away. Still can't book a summer holiday either!

                    Comment


                      #11
                      There are probably some last minute holiday deals that would get you back before 13 August. I never advertise until the tenant has or is just about to leave as there is often extra cleaning and/or replacements to do before I show it to new prospective tenants.

                      Comment

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