Tenants not moving out

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    Tenants not moving out

    Tenant gave notice 6 weeks ago. Then 2 days before the move out date says she cant find anywhere to move.

    She extended her notice once already ,she wanted an extra 2 weeks which was given. She wants to prolong the stay without definite time to leave.they are actually nice people havent had issues

    We have builders due to go on on the day after they are meant to leave.

    What would you do in this situation?

    #2
    Personally I'd try and be as flexible as is reasonable.
    However, your tenant is being unreasonable and needs to have some truths explaining.

    From a strictly legal point of view you're both in a complete mess.
    A tenant can't change their mind if they've served valid notice and you can't agree to them staying on without starting a new tenancy.
    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
      When you agreed to extend you probably established a new AST. But probably missed some documentation. Unwise.
      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


        #4
        Even if i wanted to evict that would take an age to go through. The tenants do want to leave .just havent found anywhere. My concern is iv booked builders etc for 2 days after they were supposed to leave.

        Comment


          #5
          Originally posted by jpkeates View Post
          Personally I'd try and be as flexible as is reasonable.
          However, your tenant is being unreasonable and needs to have some truths explaining.

          From a strictly legal point of view you're both in a complete mess.
          A tenant can't change their mind if they've served valid notice and you can't agree to them staying on without starting a new tenancy.
          Can the deposit be withheld by landlord if the tenants dont move out at the time they say they will?

          Comment


            #6
            Originally posted by hsa1 View Post
            Can the deposit be withheld by landlord if the tenants dont move out at the time they say they will?
            Normally the situation is really clear.

            The tenant gives valid notice and, when it expires, the tenancy ends and the tenant has no right to be in the property.
            The tenant can't change their mind, the expiry date or cancel the notice.

            If they don't leave, they're holding over and can (at least in theory) be charged "mesne profits" to compensate the landlord at twice the rate of the rent.
            It's possible that the tenant could agree to pay them using the deposit.

            The landlord can also apply to a court to remove them as a trespasser.

            In this case, you agreed to the tenant staying on, so they're not holding over and, depending on interpretation, you've either started a new tenancy or agreed with the tenant to void their notice.

            That's probably too hard a debate to have, but if you've booked builders based on the tenant's notice and lose out as a consequence, I would expect the tenant to compensate you for that loss.
            The tenant can't just keep moving the goalposts - possibly mention the double rent and suggest they take some legal advice urgently?
            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
              Originally posted by jpkeates View Post
              Personally I'd try and be as flexible as is reasonable.
              However, your tenant is being unreasonable and needs to have some truths explaining.

              From a strictly legal point of view you're both in a complete mess.
              A tenant can't change their mind if they've served valid notice and you can't agree to them staying on without starting a new tenancy.
              Thank you for your time and help with this.
              would it be enough to ask for another signed contract dated from the date they were initially planning on leaving to the new date? Probably about 1 months worth.

              Does the deposit scheme need renewing to? I.e stopping the previois and starting a new one for that one month they are staying?
              Thanks

              Comment


                #8
                I don't think it's going to make a lot of difference.
                You haven't done any of the things necessary at the start of a new tenancy, so formalising things is probably unhelpful.

                The best thing is probably to simply hope they move out soon ad put this behind you all.
                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
                  Originally posted by jpkeates View Post
                  I don't think it's going to make a lot of difference.
                  You haven't done any of the things necessary at the start of a new tenancy, so formalising things is probably unhelpful.

                  The best thing is probably to simply hope they move out soon ad put this behind you all.
                  What about in hindsight? Would this be possible? Just trying to lesrn from these events reqlly

                  Also the contract is only 4 days out of date, is that too late to forna nother contract?

                  Thanks

                  Comment


                    #10
                    I thnk, key thing to take from this is that tenants have to understand that their notice isn't a warning that they're moving out, it's confirmation of that and they can't rescind it.
                    So, if they give notice and can't find a new place to live, they have a significant issue.

                    It's one of those areas where being flexible really puts you at risk and is only positive for the tenant.
                    That doesn't mean that you should be throwing people into the street and can still be flexible, but it's worth emphasising that to the tenant.

                    The better way of making this work would be to agree with the tenant that they'll give notice when they've found somewhere to move to and be flexible about the (probably) shorter notice.

                    At this point, you've got a new tenancy with no documentation.
                    So, yes, talking to the tenant and formalising the situation may be a way of making them realise they're causing a problem.
                    And I'd charge them any costs that arise from moving the builders - or tell the tenant that they're going to have to put up with the building work.
                    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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