Tenant asks to quit tenancy then changes mind.

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    Tenant asks to quit tenancy then changes mind.

    Be v grateful for advice. My tenant said she wanted to End her tenancy contract early in month 3 of 6 month contract. I said ok, I ll give deposit back let’s call it s quits. No penalties won t hold her to the rest of the 6 month contract. I then Advised a mum of a friend she could move on 17th April which is the day my tenant said she wanted to move out. The tenant has now turned around and saying she’s going to move out but I have an elderly lady that is depending on this housing to move in? Is there any advice ? This puts me in a hugely difficult position because now I am responsible for this old lady being looking around for somewhere she can stay and I feel very guilty about putting this lady in this situation. Because I depended on the word. Of this tenant

    #2
    Bottom line is until your tenant leaves there is very little you can do. You will just have to tell your prospective tenant that the house is not now available.

    Learn from your mistake and never believe a tenant will leave until they have gone. Also always leave at least a few days between tenancies in case there is work to do.

    Comment


      #3
      I agree with jpucng62 here. I never make plans for a property until the tenant has left and I'm stood in it (empty) with the keys in my hand.

      The second mistake you've made (in my opinion) is to agree to let to the Mum of a friend. If she falls upon hard times and can't pay the rent, are you really going to put your friend's Mum on the streets ?

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        #4
        You dont say whether the tenant gave a formal notice to quit, but they can't serve a valid notice during the fixed term.

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          #5
          Nothing a great deal to add to the above...... are you sure the tenant will move out after the 6 months is up ?

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            #6
            That’s a fast planned turnaround ( same day). Does that give time for end of tenancy check, cleaning, reading the meters etc?

            Comment


              #7
              Question for someone in the know: If a tenant issues a LL with a formal notice to quit in writing etc with dates. If they do not move out after that date, what happens?

              Comment


                #8
                Thanks everyone. To be honest DPT 57 it was just an email saying “ I intend to move out on 17th April 2021..... “. It is month 3 of a 6 month fixed term. She wants to leave I said ok because I don t believe in tying people in if they want to move out even though I could have refused it. She did a u turn within 2 days. What I would like to know is her original notice to quit in month 3 of 6 month contract valid or as implied it can never be valid even if I accepted it in writing? It s very confusing because I m not sure if everything just continues s normal as if nothing happened now. No one gave legal notice and I couldn t accept it because it wasn t legal?

                Comment


                  #9
                  In addition what I gather from everyone’s advice my tenant is not legally able to give notice in month 3 of a 6 month contract even if I agreed she could leave with no penalty etc. So everything continues as normal for 6 months. Rent can be legally due if she remains in situ. I have found alternative accommodation for my friends mum so I don t feel bad about that now. I really just want to know my legal position as to does everything continue s if she never gave me notice.

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                    #10
                    4am - no place for my friends mom to live
                    9pm - place sorted for friends mom to live

                    Housing shortage? - what housing shortage lol

                    Comment


                      #11
                      Originally posted by GaryGoals View Post
                      Question for someone in the know: If a tenant issues a LL with a formal notice to quit in writing etc with dates. If they do not move out after that date, what happens?
                      It's called holding over and what happens depends on a number of things.

                      A tenant's notice ends the tenancy, so the tenant no longer has a right to be in the property.
                      Shelter confirm that they can be excluded from the property and that they can't come back in.
                      In practice, you can't use more than reasonable force (which isn't very much force at all if it's not your home) and the police aren't likely to know the law in this area if they become involved.

                      Alternatively, the landlord can go to court to get a possession order without any further steps, in order to end the trespass.

                      If the landlord accepts rent after the notice has expired, a new tenancy begins.

                      For the period between the notice ending and the tenant moving out, they owe a charge called mesne profits which are compensation for their holding over.
                      That isn't rent and should be clearly labelled as mesne profits.
                      It's set by a very old law to be double the value of the rent amount.
                      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


                        #12
                        Originally posted by Dreamingofsea View Post
                        Thanks everyone. To be honest DPT 57 it was just an email saying “ I intend to move out on 17th April 2021..... “.
                        That wouldn't be valid notice at any point, it's not specific enough - saying what you intend to do isn't the same as doing it.

                        No one gave legal notice and I couldn t accept it because it wasn t legal?
                        If you accepted it, that makes it effective, even if, strictly speaking, not valid.
                        You and the tenant have agreed something between you and that's all that's required.
                        The tenant can't go back on that agreement.

                        An agreement between you can't change the law (in this case), which is that notice given during the fixed term by a tenant has no effect.
                        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


                          #13
                          Get the tenant to sign a notice to leave on a certain day. If they don't get them to call the police show them you have someone moving in they will act in your favour for them to leave without court action. Use a person that will explain the situation to the police on arrival.

                          Comment


                            #14
                            The police shouldn't do anything to help the landlord (or the tenant) unless there's some kind of fight.
                            There's no crime or public disorder issue - it's a civil matter.
                            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


                              #15
                              Originally posted by gamesmanship View Post
                              Get the tenant to sign a notice to leave on a certain day.
                              Is such legally enforceable?

                              Comment

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