Tenant rescinding notice, but not paid rent in full.

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  • Farah V
    started a topic Tenant rescinding notice, but not paid rent in full.

    Tenant rescinding notice, but not paid rent in full.

    I have a tenant who gave me less than a fortnights notice to quit at the end of November. I was thrilled as I'd been agonising over how to remove her. She was due to leave tomorrow, but sent me a WhatsApp message on Wednesday telling me she intended to stay. In addition to this, she has paid about 2/3 the final months rent in instalments.
    I would ideally like this tenant to leave, not only for not fully paying her rent this month, but for moving in her two adult children without permission, dumping the sofa I provided in the garden, removing kitchen cabinets without permission, and cluttering up the communal areas of the flats with her personal clutter.
    So, I am drafting a letter informing her that I am not able to accept her rescinding her notice to quit, but letting her know she can remain resident for the whole notice period (to to the end of December) provided she pays her rent. I have then listed my reservations in offering a new AST (basically the reasons above), and have stated that she will be trespassing after the 31st December and will be charged mesne profits of double the daily rental amount for each day she holds over at the property.
    As I've not had to do this before, I thought I'd better check this was all correct! If she does reside at the property beyond her notice period, how do I then remove her if she no longer has a contract? Is that a secion 8? I am very reluctant to offer her a new AST.

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