Isolating beyond the end of a fixed term

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  • MdeB
    replied
    Originally posted by jase222 View Post
    would the new fixed term tenancy be created, verbally.?
    Is there any other way to create a tenancy?

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  • jpkeates
    replied
    Originally posted by HantsAgent View Post
    Can a tenant even give a valid NtQ during a fixed term (to expire on the last day)? I always thought legally not. Or at least it would be a contractual provision if it were possible/required.
    A tenant can't serve valid notice during the fixed term, but if they do anyway and the landlord accepts it, there's some kind of agreement made which they should both be able to rely on (so the notice is probably valid in that case).

    If the landlord is claiming compensation, they should be able to prove that they had a loss (not a possible loss, but a fully mitigated actual loss).
    If they can't (as you suspect) and then try and switch to charging rent, I'd probably decline on the basis that they're just trying it on and see if they actually pursue it.
    But the risk is that there is an ongoing tenancy and that no one has really twigged this yet.

    If the tenants have all handed their keys back and the landlord is in control of the property, arguable any periodic tenancy has been ended by a surrender.

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  • HantsAgent
    replied
    Originally posted by jpkeates View Post
    If the student stayed in the property beyond the end of the fixed term, and the contract didn't provide for a periodic tenancy, that would have created a statutory periodic tenancy.
    If the student was on a joint tenancy, that periodic tenancy would be for all of the joint tenants.

    That tenancy will continue until someone brings it to an end.
    Indeed. And my worry for the tenants here is that this technically means their tenancy could have continued for an effective additional two months (unable to give a valid NtQ until the beginning of the next tenancy period and that notice having to be a full tenancy period)


    Originally posted by jpkeates View Post
    The landlord would find it hard to credibly claim rent from the student having first demanded compensation (but he's probably entitled to it).
    From the information I have gleaned, it doesn't appear as though any notice was given by the tenants that they would be terminating their tenancy, just the assumption (admittedly, by all parties) that they would leave at the end of the fixed term which coincides with the end of term.

    Can a tenant even give a valid NtQ during a fixed term (to expire on the last day)? I always thought legally not. Or at least it would be a contractual provision if it were possible/required.

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  • jase222
    replied
    Also had a thought, if the landlord said to the tenant that he wanted a fixed term after the current one had finished and the tenant had to isolate past the end date would the new fixed term tenancy be created, verbally.?

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  • jpkeates
    replied
    You can claim mesne profit if a tenant holds over, not rent.

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  • jase222
    replied
    What if the tenant gave a month's notice to quit and in the latter stages of the fixed term tenancy and got pinged a few days before isn't there a rule you can claim double rent.

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  • jpkeates
    replied
    If the student stayed in the property beyond the end of the fixed term, and the contract didn't provide for a periodic tenancy, that would have created a statutory periodic tenancy.
    If the student was on a joint tenancy, that periodic tenancy would be for all of the joint tenants.

    That tenancy will continue until someone brings it to an end.

    If the landlord wants compensation for a loss, they'll have to wait until there is a loss to be compensated for and they should be able to show that there was an actual loss, as opposed to either a possible loss or one that continues into the future.

    The landlord would find it hard to credibly claim rent from the student having first demanded compensation (but he's probably entitled to it).

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  • AndrewDod
    replied
    I'm thinking what would happen if you stayed in an AirBnB or a hotel, and got pinged. You would just stay on and let the next customer sue the Hotel right, and also not pay?

    The only folk who seem to be having to bail out the system from their own pockets are private landlords - not hotels, airlines, insurance companies, electricity suppliers, tradesmen who want to be paid.....



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  • HantsAgent
    started a topic Isolating beyond the end of a fixed term

    Isolating beyond the end of a fixed term

    Is anyone aware of anything giving tenants some leeway if they have to isolate and it takes them beyond of their fixed term?

    I'm trying to help the student son of a friend whose landlord appears to be being a little opportunistic because they had to stay in the property for a few days over the end of a fixed term due to being "pinged".

    I feel that the sensible and practical thing to do would be for them to pay for the additional days they stayed, but he's claiming that he had new tenants lined up and wants compensating for their losses (we're not convinced he did have tenants lined up at all, it's usually vacant July and August and let again 1st September)

    My worry is that if the landlord knows his onions, or asks someone who does, that they have inadvertently created a SPT which could see them being liable for two additional months of tenancy.

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