Tenancymtenant not vacate, offers 1/3rd rent for 3 months then leave

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    Tenancymtenant not vacate, offers 1/3rd rent for 3 months then leave

    AST tenant has completed tenancy but has refused to move out. Today he proposed to pay 1/3rd of most recent rent per month for 3 months then leave.
    If I were to agree what paperwork (contract?) do I have to have in place? If I agreed to his proposal what rights would he have as a tenant during the 3 month period? What if he doesn’t leave at the end if the 3 months?

    I am not at all comfortable with this situation. There are no guarantees that he will leave at the end of 3 months. Would it be worth asking a solicitor’s advice? Would the solicitor be able to come up with a watertight solution that will achieve the end objective of getting the tenant to leave without going to court? Would the solicitor’s fees be prohibitive? Any ideas approximately how much would the solicitor cost (I am in South East England).

    Thank you.

    #2
    Don't do it, serve notice(s) there's no guarantee that the T will leave, the T is basically paying for 1 month and getting to live at the property for 3 months. If you go down the route of a solicitor the T would need to surrender the Tenancy on a specific date and time, if they stay longer they would be a trespasser (as long as you don't take any further payments once the due date is passed).

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      #3
      Don’t do it. It’s like paying a blackmailer who keeps spare copies of the incriminating evidence and will ask you for more money or discount later on. You might as well tell him if he is week late with the rent, you will get a CCj on him but if he moves out in a month, you will give him say 250 pounds

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        #4
        HOW has tenancy ended? Notice from tenant or court order?

        A fixed term tenancy is always, if tenant remains, followed by an ongoing, rolling, periodic tenancy. Thatcher's 1988 Housing Act says so.

        Or have I misunderstood (again) ?
        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...

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          #5
          Jeremy you need to go and take some landlord training. You will find it most helpful because you clearly don't understand the statutory framework around which you are doing business and that's not a good idea.

          The tenant is perfectly entitled to remain in the property after the fixed term has ended. By operation of the statutory law he holds over on a statutory periodic tenancy regardless, on the same terms and conditions. You appear to think he must leave at the end of the fixed term but that is wrong.

          If you want your tenant to leave you need to serve a s21 on a form 6a giving 6 months notice.

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            #6
            As soon as he is in arrears do a MCOL and if he won't pay get a CCJ against him - that will make his next property harder to obtain.

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              #7
              Thank you for all the advice. I agree I need full jandlird training ... all this is overwhelming me ...

              To provide fuller background: S21 has been served. The court has sent T the papers. He needs to reply in the next 48 hours. I may be wrong, but I believe he is trying to avoid a court hearing, hence his proposal.

              Is there any way whereby he would put a substantial amount with a solicitor as a bond (after he pays me the reduced three months rent in ‘the next 24 hours’ as he has proposed) which I would receive unconditionally if he hasn’t moved out at the end of the three month period? He has suggested lodging the additional
              substantial sum (£3,000) with my solicitor as surety to put my mind at rest that he will leave at the end of 3 months.

              Should I agree, or would the situation continue to be risky?

              Comment


                #8
                Keep to the basics.

                Your notice has no real effect on the tenant or the tenancy.
                Until it is enforced by court action, the tenancy continues, the tenant is entitled to continue in residence and the tenant is liable to pay full rent.

                The reality is that there will be a delay in the matter coming to court (there's a huge backlog), many (most) section 21 notices are invalid and there is currently a complete ban on evictions being carried out even if you are successful in court.

                So you can decline the tenant's offer and point out that the rent they owe is the full amount until they surrender the 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).

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                  #9
                  If the tenancy is periodic, you could ask him to serve a 3 mongh notice. That would be legally binding and his tenancy would end on expiry.

                  If he is working, I would probably decline and tell him I'd prefer an attachment of earnings order. If he's not working I might agree it, (preferably verbally).

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