Tenant not leaving

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    Tenant not leaving

    What are my obligations to a new tenant moving scheduled to move in when the property has unexpectedly been delayed?

    A tenant was supposed to leave a few days ago and hasn't. She tells me she will have the property cleared by the end of the month and the keys back.

    She seems unperturbed by my telling her that there is a new tenant lined up to move in and doesn't seem bothered when I mention the Distress for Rents Act and the "double rent" scare tactic. She simply can't get her stuff out on time, despite giving us notice saying she had to leave for financial reasons. I've offered to help, but to no avail.

    I'm aware that best practice would have been not to advertise until I had vacant possession, but in the real world landlord clients don't like that.

    So what are my obligations to the incoming tenant? She tells me she has removals booked for this Friday and I believe her. She also has nowhere to live after this weekend.

    Do I (or my landlord) have to cover her costs? Store her belongings? Re-home her? I'm trying to find her a suitable alternative but it's looking unlikely.

    #2
    The landlord will be in breach of contract and will have to compensate the new tenant for their (properly mitigated) losses.

    So, broadly, yes to all of the last paragraph - technically you don't have to find alternative accommodation or storage, but the landlord is liable for the cost of it.
    From a customer service point of view, a BnB and some storage would be sensible (don't you have some "agent" storage full of probably useful crap like mine?)

    The problem is that the costs probably aren't recoverable from the outgoing tenant, because they weren't known or foreseeable when the contract was entered into.
    They won't know that, unless they're as sad as me, so you might want to escalate the threat level...
    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).

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      #3
      Did the existing tenant actually give VALID notice?

      Comment


        #4
        Originally posted by jpkeates View Post
        The problem is that the costs probably aren't recoverable from the outgoing tenant, because they weren't known or foreseeable when the contract was entered into.
        They won't know that, unless they're as sad as me, so you might want to escalate the threat level...
        The even sadder poster over here would like to jump in and say that it actually is recoverable from the outgoing tenant if the tenant's is ending/ended as a result of the tenant's notice to quit.

        Bramley v Chesterton [1857] 140 ER 548
        Where a tenant holds over after the expiration of a notice to quit, the landlord is entitled to recover against him the reasonable damages and costs sustained by him in an action at the suit of a party to whom he had contracted to let the premises, but to whom the tenant's wrongful act had prevented him from delivering possession.
        And yes, that would be in addition to any mesne profits.

        Of course, that doesn't help much if the outgoing tenant don't have any money to pay.
        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.

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          #5
          Remember to accept any payment by the holding-over tenant as mesne profit and not rent.

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            #6
            Originally posted by KTC View Post
            The even sadder poster over here would like to jump in and say that it actually is recoverable from the outgoing tenant if the tenant's is ending/ended as a result of the tenant's notice to quit.
            Another thing learned!
            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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