Tenant rescinding notice, but not paid rent in full.

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    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.

    #2
    Well all those things didn't happen yesterday did they? How many with what grounds of s8 have you served, and when,please?

    Did you formally accept , in writing, the original notice??

    Remind tenant of Distress of Rent Act 1737 section 18 whereby they are required to pay double rent if they stay after notice expires. See
    https://www.hewitsons.com/latest/new...r-old-statutes

    And serve s8g10 TODAY! Yes, s8g10 may be validly served if only 1p is underpaid only 1 day. And (verbally only) explain "intentionally homeless" to them & that you copy s8's to council.

    And no reference or a full, honest one.
    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
      No, it all came to light about four weeks ago during a fire alarm inspection, the clutter has been the only longer term issue. So I was thrilled when she gave notice. I formally accepted her notice in writing. I have quoted the Distress of Rent Act and mentioned double rent. Do I not need to give fair warning before serving Section 8?

      Comment


        #4
        You can't do what you propose, or at least you shouldn't.

        If the tenant served notice and you accepted it, the tenancy ended on 30th November, because a tenant's notice cannot be rescinded.

        A tenant can't normally give 2 weeks notice under any circumstance, so how was notice given by the tenant and how did you accept it? - EDIT - you've now answered that.

        However, if you have let the tenant stay beyond that date and accepted more rent, you have, pretty much inevitably, begun a new tenancy and you can't therefore just tell her to leave. You can't give the tenant any notice that is less than 2 months, and it can only be enforced by taking court action if the tenant doesn't leave.

        If she served notice ending on 30th November, why are you raising this on December 13th?

        I would find a solicitor and start handling things properly because you are in a mess and making things worse.
        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


          #5
          Originally posted by jpkeates View Post
          ..... You can't give the tenant any notice that is less than 2 months, and it can only be enforced by taking court action if the tenant doesn't leave....
          Um surely s8 for arrears, 14 days to expire - see
          https://www.landlordzone.co.uk/infor...for-possession
          If she owes ANY rent, even 1p, serve s8g10 TODAY!
          ....I would find a solicitor and start handling things properly because you are in a mess and making things worse.
          100% agree: That's a solicitor who specialises in landlord/tenant issues, not any old high-street firm...
          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
            Um surely s8 for arrears, 14 days to expire
            I agree, I was getting carried away!

            Because a s8 notice on discretionary grounds is essentially a waste of time, I was (quite wrongly) ignoring the option without explanation.
            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


              #7
              She gave notice on the 30th November of her intention to quit on the 14th December (tomorrow). I accepted her months notice period in writing, and informed her she was entitled to move earlier if she so wished. On Wednesday she messaged to say she didn't have anywhere to move to, and asked if she could stay.
              Any solicitor recommendations?

              Comment


                #8
                Originally posted by jpkeates View Post
                ....Because a s8 notice on discretionary grounds is essentially a waste of time,...........
                Disagree, especially in this case: There's a tenant who thinks she can issue notices, stop paying rent, change her mind with no come-back.

                IMHO serving s8 with discretionary grounds stands a chance of getting tenant to stop,think and change behaviour and take things seriously. For the price of less than £1 worth a gamble, but clearly no point taking it to court. But tell her about intentionally homeless & copying it to council...

                Hey ho, merry Xmas all!

                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


                  #9
                  Originally posted by Farah V View Post
                  She gave notice on the 30th November of her intention to quit on the 14th December (tomorrow). I accepted her months notice period in writing, and informed her she was entitled to move earlier if she so wished. On Wednesday she messaged to say she didn't have anywhere to move to, and asked if she could stay.
                  Any solicitor recommendations?
                  In which case write to her again saying that her tenancy ends on 14 December and you will be proceeding straight to court to get a court order to remove her. You will also be demanding mesne profits at a rate of double the rent for any days she occupies after 14th December. Then follow through

                  Comment


                    #10
                    I don't think that the tenancy ends on 14 December - the notice given was invalid, and the landlord communicated that the notice, as given, was not being accepted. I don't think the landlord can unilaterally change the dates on the notice and expect them to be binding on the tenant.

                    Comment


                      #11
                      The NTQ was NOT invalid as the LL accpepted 14 Dec as the last day of Tenancy.

                      Comment


                        #12
                        No, the LL did not accept 14 Dec as the last day - they said that they 'accepted' 31 Dec as the last day (or maybe 30 Dec), despite the tenant not actually offering that.

                        Comment


                          #13
                          OP stated no such info, you inferred it!
                          A LL can accept a foreshortened Notice as valid provided he does not accept further rent until after expiry of Notice when measne profits are payable..
                          OP/LL wants legally rid of this T asap.for min cost.

                          Comment


                            #14
                            Originally posted by mariner View Post
                            The NTQ was NOT invalid as the LL accpepted 14 Dec as the last day of Tenancy.
                            I am not sure the law is entirely clear here. My understanding is that accepting a defective notice is not enough. The landlord must additionally have acted on the notice so that he will be prejudiced if the tenant does not leave. Does anyone know a case on the point?

                            Comment


                              #15
                              I don't think there's any basis for thinking that a landlord can "accept" a different end date than the one given on the notice.
                              That's not enough to make an invalid notice, valid - regardless of any general principle.

                              That's simply true of any agreement - the two parties have to have the same mind at some point.
                              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

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