Old tenant not responding - new tenant ready to move in

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Old tenant not responding - new tenant ready to move in

    Hi - I am really looking for some urgent guidance and help as based on other experiences it really feel everyone's rights are protected apart from landlords.

    I have a tenant whose AST is ending in 3rd week of october, 2 months before the end tenant gave a notice that they would like to move out and was well supportive of new tenant viewings, rent etc.
    Suddenly from last 2 weeks when the last month rent was due, he is completely unreachable and not responding on phone, email, whatsapp etc - also they have only paid half the rent. I have now paid inventory and checkout/check in services and also signed a new AST with new tenant based on the understanding that old tenant is moving out few days before the new tenancy begins.

    I am really worried about what should be my next actions as what will happen if they remain unreachable.
    1. Can I still go ahead as planned for inventory checkout as tenant in past has allowed me to enter the flat with the landlord key and has also confirmed to me that its ok to book for inventory checkout appointment
    2. If they dont move out, yes I will have to take a legal route but what about the new AST with the new tenant can they pursue a claim against me for breach of contract. How should I handle this or should this claim also be added to old tenant's recovery?

    I will be really grateful for some advice as I just have a small flat which gives me a decent rental income and I never thought it will such a big issue as I had planned everything properly (AST, tenant referencing, insurance with legal cover etc) but really gutted that it will all come to this instead of just trusting the process and people.

    Thanks
    Vin

    #2
    The old T may be in the process of moving, unfortunately if the T does not move you have no option but to get possession, you would either need to inform the New T that the property is not available or find them alternative accommodation until they can move in.

    Due to the current climate, I wait until the T has actually moved out to start looking for a new T, as otherwise it's a waste of everyone's time. Serve notice on the T now so that at least you don't waste more time, you also need to ensure the notice they served was valid.

    Comment


      #3
      As said above, next time have the current tenant actually move out before agreeing to anyone else moving in, it is playing with fire, yes.... the '' new '' tenant could take legal action against you. Given how the current tenant is acting i suspect he will not move out, the current market is crazy out there and he may simply have misjudged the current situation and cannot now find anywhere else to move to.

      Comment


        #4
        Are you certain the tenant hasnt already gone?

        If theyve paid up to now, not responding etc it could be they went a few days early

        Its not uncommon for a tenant to underpay rent as they think their deposit will cover the rest.
        My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

        Comment


          #5
          Thanks both - I have given a notice to current tenant to visit the property as per the AST for inspection. Let me see if I can get hold of them, if they dont get back to me with a no can I enter the premise to check if anything else is going on?

          Also, to take possession should I start the process now with my landlord insurance legal cover or need to wait for checkout date and then initiate? As I dont want the new tenant to be then having no option than asking me to compensate as it will be last minute for them.

          Comment


            #6
            Originally posted by landlord-man View Post
            Are you certain the tenant hasnt already gone?

            If theyve paid up to now, not responding etc it could be they went a few days early

            Its not uncommon for a tenant to underpay rent as they think their deposit will cover the rest.
            Based on how everything else which can go wrong I would be more than happy to be in that situation even if they dont pay the remaining rent now - I have given a 24 hour notice to them today and will visit the flat tomorrow to check the same. Thanks

            Comment


              #7
              You've taken a big risk lining up a new tenant when the old one is still there. Hopefully you haven't given the new on a contract yet.

              Comment


                #8
                Originally posted by DPT57 View Post
                You've taken a big risk lining up a new tenant when the old one is still there. Hopefully you haven't given the new on a contract yet.
                As mentioned in the original post, I had signed the new AST as I never thought this kind of ridiculous rule exist where tenant can change their mind without any reason and landlord cannot do anything about it - have done this in past with 4 tenants and never had a issue. I had always thought by agreeing to a mutual end date at the end of AST there is no reason for me to worry about this. Going forward I will be getting a clause added in the new AST to cover off this issue and also always give a section 21 notice to old tenants when they decide to move out. Really miffed with such a unfair legislation

                Comment


                  #9
                  Tenants can and do hold over, even after their tenancy has ended. In this case it hadn't ended. He was planning to leave at the end of the fixed term but changed his mind. A periodic tenancy arose automatically to replace the previous fixed term and he is there quite legitimately. I'm afraid you jumped the gun due to not having a full grasp of the legal situation. I always recommend landlords to wait until the prev tenant has left before re-letting.

                  You now have a legal obligation to both tenants so you had better hope that the new one doesn't sue you for breach of contract.

                  Comment


                    #10
                    Originally posted by vin_1983 View Post
                    As mentioned in the original post, I had signed the new AST as I never thought this kind of ridiculous rule exist where tenant can change their mind without any reason and landlord cannot do anything about it - have done this in past with 4 tenants and never had a issue.
                    I'm not 100% sure that the tenant did give notice to end the tenancy - "2 months before the end tenant gave a notice that they would like to move out" doesn't sound exactly like the unambiguous written notice normally required.

                    If the tenant had given proper notice, they can't change their mind and once they hold over, they're trespassing and you can go to court to device them - and in the meanwhile they're incurring a liability to compensate you at double the rate to the rent.

                    But if they haven't, there's nothing to bring the tenancy to an end, and you issuing a section 21 or putting something in the tenancy agreement isn't going to change that too much.

                    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


                      #11
                      Originally posted by jpkeates View Post
                      I'm not 100% sure that the tenant did give notice to end the tenancy - "2 months before the end tenant gave a notice that they would like to move out" doesn't sound exactly like the unambiguous written notice normally required.

                      If the tenant had given proper notice, they can't change their mind and once they hold over, they're trespassing and you can go to court to device them - and in the meanwhile they're incurring a liability to compensate you at double the rate to the rent.

                      But if they haven't, there's nothing to bring the tenancy to an end, and you issuing a section 21 or putting something in the tenancy agreement isn't going to change that too much.
                      Thank you - yes I have a proper email confirmation from the tenant about leaving, plus they arent now even paying rent - so its not only hassle of me to look after 2 tenants but also loss of rent. I think based on what everyone has said, I will just wait for the d-day and then take it forward from there legally if they dont handover possession during inventory checkout.

                      Comment


                        #12
                        Originally posted by DPT57 View Post
                        Tenants can and do hold over, even after their tenancy has ended. In this case it hadn't ended. He was planning to leave at the end of the fixed term but changed his mind. A periodic tenancy arose automatically to replace the previous fixed term and he is there quite legitimately. I'm afraid you jumped the gun due to not having a full grasp of the legal situation. I always recommend landlords to wait until the prev tenant has left before re-letting.

                        You now have a legal obligation to both tenants so you had better hope that the new one doesn't sue you for breach of contract.
                        I will agree that I didnt had the full grasp of legal situation - need to be careful in future

                        Comment


                          #13
                          You say that you have an email from him about leaving. Could you reproduce a redacted version here as it may be critical to your position.

                          Comment


                            #14
                            It's a tricky situation and one I've never been in myself -- but it has crossed my mind. I have a policy of never signing a contract with a new tenant until I have possession of the property. In fact I'm really surprised that letting agents don't all do this as a standard practice, as it could be a real mess if the existing tenant changes their mind -- something which they are entitled to do I think.

                            Comment


                              #15
                              Originally posted by vin_1983 View Post

                              Thank you - yes I have a proper email confirmation from the tenant about leaving, plus they arent now even paying rent - so its not only hassle of me to look after 2 tenants but also loss of rent. I think based on what everyone has said, I will just wait for the d-day and then take it forward from there legally if they dont handover possession during inventory checkout.
                              If it were me I would knock on the door. At night if they're out in the day. Tell them you were worried, wanted to know that everything was proceeding correctly with their removal etc etc. At least then you'll know the gen.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X