Tenant gave notice and has stayed on after the end date of his notice

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    Tenant gave notice and has stayed on after the end date of his notice

    At the end of an AST my tenant continued with a periodic tenancy. He pays rent monthly. We agreed in writing to give 3 each other months notice when either of us wanted to end the tenancy.
    It was he who gave 3 months notice which expired and he has said he want to stay on for an unspecified period as he cannot find suitable accommodation. What is my legal position? As he gave notice to end the tenancy has he foregone any statutory right to stay on?

    #2
    As long as your tenant's notice is valid, when it ended so did the tenancy.
    If he remains in the property. he is trespassing and you can go to court to have him removed on that basis.
    The tenant cannot give notice and then change their mind.

    You have the right to lock him out of, what is now, your property.
    You can use "reasonable force" to eject them.

    If you accept further rent from them, a new tenancy will begin.
    You can make a charge of double the rent as compensation for their not leaving, but it must be clear that this isn't rent and you shouldn't claim it until they've left to avoid confusion.

    You'd be wise to check that the notice given is valid first, though.
    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
      A few years ago I had a notice from a tenant saying they were leaving on a certain date and ending the tenancy (in the form of a letter). They did not. I sought legal advice and was told there was nothing I could do and that I had to evict using S21
      Unshackled by the chains of idle vanity, A modest manatee, that's me

      Comment


        #4
        You have 28 days to apply for an interim possession order, which forces the trespasser to vacate while a proper possession hearing takes place.
        If the trespasser doesn't vacate, they can be arrested.

        So, unless a long time had passed, I don't see where that advice comes from.

        Now s21 is so complex to get right, I suspect that what used to be a simple and relatively cheap solution is no longer either,
        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
          Yes agreed. The advice came from my solicitor. Perhaps they were being over cautious and yes, S21 was easier then but I post only to warn the OP to be careful!
          Unshackled by the chains of idle vanity, A modest manatee, that's me

          Comment


            #6
            You have the right to lock him out of, what is now, your property.
            You can use "reasonable force" to eject them.


            You'd be wise to check that the notice given is valid first, though.

            Thank you jpkeates. If I am able to treat him legally as a trespasser, this is very good news. I feared I would still have to serve a S21 and then wait (even though this feels 100% wrong viscerally). Did that use to be the case and has it changed?

            Re the notice. We have an email exchange documenting for the record where we agreed to 3 months notice. This was not specified as having to be given on any particular date (e.g. rent due date). Just 3 months from whenever either of us served the other.
            Is that what you would call "valid notice"?

            Comment


              #7
              WPL Valid notice needs to be specific and unequivocal.
              So the tenant needs to tell you that they'll be leaving on a date that can be clearly identified and that the tenancy will end.

              Nothing like, "I plan to leave in June" or "we should be out by the end of May".
              You want something along the lines of "Please accept this as notice that we will be leaving your property on June7th which will end the tenancy" and which complies with the terms of the agreement (or applicable law).

              If the notice is ambiguous you might be able to fix that with your response, "let me be clear that I am accepting your letter of xx.mm.yyyy as formal notice which will..."
              If the notice simply doesn't comply with the notice period in the tenancy agreement or legislation, you can still fix it by accepting it anyway.
              So if the tenant needs to give three month's notice, but only gives two, you can make it valid by agreeing to that.
              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


                #8
                So just to clarify...... let us assume he has given you a valid notice, do you actually want him to leave ? Or if he had not given notice would you have been happy for him to stay ? And i also assume he is still paying you rent .... and you are accepting it thus forming a new tenancy ?

                Comment


                  #9
                  I want him to leave as my son is waiting to move in

                  Comment


                    #10
                    This is what he wrote and I agreed to in a reply email:

                    In line with our tenancy agreement, please treat this e-mail as notice to terminate the tenancy at (address was here) 3 months hence on 1st July 2021.

                    Please confirm receipt.

                    Comment


                      #11
                      That looks like valid notice to me.
                      As long as you haven't accepted any rent from him since July 1st, I'd talk to a solicitor about an interim possession order to get them out.
                      You have 28 days from July 1st.
                      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 jpkeates View Post
                        That looks like valid notice to me.
                        As long as you haven't accepted any rent from him since July 1st, I'd talk to a solicitor about an interim possession order to get them out.
                        You have 28 days from July 1st.
                        I think you’d struggle to get an IPO on this basis, mainly due to CPR 55.21(2), specifically put in place to prevent landlords using trespass proceedings against ex tenants.

                        it reads:
                        (2) An application for an IPO may not be made against a defendant who entered or remained on the premises with the consent of a person who, at the time consent was given, had an immediate right to possession of the premises.

                        Which is basically every landlord at the time of lease agreements being signed and acted upon.

                        IPOs are intended as emergency relief against trespass or squatting, I’d imagine the claim would be struck out on that basis and the Claimant told to pursue standard possession.

                        Comment


                          #13
                          Isn't it a different situation when he himself brought the occupation to which I consented, to an end? After 1st July he does not have my consent to be there.

                          Comment


                            #14
                            I don’t believe so, one of the key points of a trespass claim is that the person entered as a trespasser. s144 LASPO is quite specific on that, and the CPR backs it up. I had to go through all this when I had a complex trespasser situation (my ex gave consent to occupy after I had not and had a possession order) all very messy. Suffice to say, as it’s known to me, trespass claims cannot be brought against an ex tenant for “holding over” after a tenancy has ended, you still need to pursue via standard possession proceedings.

                            Comment


                              #15
                              I do not see that section 144 is relevant. It is concerned only with the offence of squatting. However, I agree that CPR 55.21(2) rules out an IPO.

                              Comment

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