How to negotiate with overstayer

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    How to negotiate with overstayer

    I have a tenant who has served notice under a periodic tenancy. The notice is correct and expires at the end of this month. However his new place is not ready for him and he's called me to ask whether he can over stay a week or two. Couple of questions:

    Should I keep it simple and charge him per day for the "trespass"?

    Would I need to express that further payments are not to be treated as rent and as "mense profit" so as not to inadvertently initiate a new SPT?

    Should I charge per day? Double rent?

    Off the topic, by my TAs require tenants to give 2 months notice by contract. Although tenants must give 1 month's by statute, is 2 months enforceable by contract law? The tenant only gave 1 month's notice.

    #2
    Explain about double rent & the DIstress for Rent Act 1737.
    http://www.legislation.gov.uk/apgb/G.../19/section/18
    Tenants holding after the time they notify for quitting, to pay double rent.

    And whereas great inconveniences have happened and may happen to landlords whose tenants have power to determine their leases, by giving notice to quit the premisses by them holden, and yet refusing to deliver up the possession when the landlord hath agreed with another tenant for the same: from and after the said twenty fourth day of June one thousand seven hundred and thirty eight, in case any tenant or tenants shall give notice of his, her, or their intention to quit the premisses by him, her, or them holden, at a time mentioned in such notice, and shall not accordingly deliver up the possession thereof at the time in such notice contained, that then the said tenant or tenants, his, her, or their executors or administrators, shall from thenceforward pay to the landlord or landlords, lessor or lessors, double the rent or sum which he, she, or they should otherwise have paid, to be levied, sued for, and recovered at the same times and in the same manner as the single rent or sum, before the giving such notice, could be levied, sued for, or recovered; and such double rent or sum shall continue to be paid during all the time such tenant or tenants shall continue in possession as aforesaid.
    I think that's quite clear.....

    (From 2nd November...) if still there, no reference or a full, honest one.

    If your tenancies continue as normal periodic then any requirements to give notice are not carried forward to the periodic terms. They just need to give AT LEAST one month's notice (assuming monthly rent payable) expiring at end-of-period day. But you can agree surrender any time (eg today at 17:23...)
    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...

    Comment


      #3
      Originally posted by John Duff View Post
      Should I keep it simple and charge him per day for the "trespass"?
      Just agree a new date for the end of the current tenancy. There's not point getting complicated.

      Would I need to express that further payments are not to be treated as rent and as "mense profit" so as not to inadvertently initiate a new SPT?
      As above, don't make it complicated.

      Off the topic, by my TAs require tenants to give 2 months notice by contract. Although tenants must give 1 month's by statute, is 2 months enforceable by contract law? The tenant only gave 1 month's notice.
      If the tenancy becomes periodic anything in the original agreement relating to notice is ignored.
      The tenant has to give a minimum of a month's notice ending at the end of a tenancy period, not just a month.

      However, any notice that you accept as valid is valid. It's only when there's no agreement that referring to law is necessary.

      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


        #4
        Artful & JPK. Thanks for your responses, especially clarifying my last post JPK which has often amused me - makes sense!

        My current tenant and I are on very good terms and he's in a situation which is not his own making, therefore we've agreed to continue the tenancy at the end of the month with the SO in place with landlord charging for each day of occupation. He is also very flexible with viewings

        Comment


          #5
          Originally posted by John Duff View Post
          Artful & JPK. Thanks for your responses, especially clarifying my last post JPK which has often amused me - makes sense!

          My current tenant and I are on very good terms and he's in a situation which is not his own making, therefore we've agreed to continue the tenancy at the end of the month with the SO in place with landlord charging for each day of occupation. He is also very flexible with viewings
          Trust this was NOT in writing or email: Or you might find you've agreed a new tenancy agreement... so new s21 not expiring for 6 months...

          If on good terms hopefully all will be calm & pleasant....

          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...

          Comment


            #6
            Originally posted by theartfullodger View Post
            Trust this was NOT in writing or email: Or you might find you've agreed a new tenancy agreement... so new s21 not expiring for 6 months...

            If on good terms hopefully all will be calm & pleasant....
            No this is all done on a "gentleman's agreement". I have 100% confidence so no worries.

            Comment


              #7
              I wouldn't advertise the property until he actually goes if I were you as this could theoretically drag on further. I've been in a similar position and just allow the tenant to continue paying the rent. This was on the basis that he was a good tenant and I would have been happy to have him on another min 6 month SPT if possible. In the end, he stayed a further 2 and a half months.

              Comment


                #8
                Originally posted by theartfullodger View Post
                Trust this was NOT in writing or email: Or you might find you've agreed a new tenancy agreement... so new s21 not expiring for 6 months...
                Four months no s21 time limit runs from the very first tenancy, not the start of the replacement tenancy.
                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.

                I do not answer questions through private messages which should be posted publicly on the forum.

                Comment


                  #9
                  Originally posted by DPT57 View Post
                  I wouldn't advertise the property until he actually goes if I were you as this could theoretically drag on further. I've been in a similar position and just allow the tenant to continue paying the rent. This was on the basis that he was a good tenant and I would have been happy to have him on another min 6 month SPT if possible. In the end, he stayed a further 2 and a half months.
                  I take your point and fully agree. In an ideal would he'd stay till the second of Jan.

                  Comment


                    #10
                    Originally posted by jpkeates View Post
                    Just agree a new date for the end of the current tenancy.
                    Whilst in most cases that will be fine, it should be noted that if a tenant has given a notice to quit any "extension" operates to grant a new tenancy.

                    Comment

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