Tenant gave Notice to Quit but failed to leave

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    Tenant gave Notice to Quit but failed to leave

    Hi

    My tenant leaves May 31st after giving notice of which I accepted.

    I can't see any 'signs' that she is moving and she has not got back to me regarding a time she is leaving, so I am a bit concerned.

    If she has changed her mind and has decided not to leave and she has given me written notice am I allowed to change the locks and remove the items and ask her parents etc to come collect them?

    She has been in the property 3 months, has she any rights on 1st June? Does the police get her out?

    I am worried and anxious and we want to see the last of her and her menagerie!

    #2
    Unfortunately your tenant has a right to occupancy for at least 6 months, and you cannot remove her.

    Your best course of action is to serve a S.21 Notice now to end the tenancy after 6 months.

    Whatever you do don't even think about changing the locks or deny her access, harrass her or do any action that is likely to prevent her "quiet enjoyment".

    It is not a police matter as it's only public i.e. civil law
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      Originally posted by CheekyMonkey View Post
      Hi

      My tenant leaves May 31st after giving notice of which I accepted.

      I can't see any 'signs' that she is moving and she has not got back to me regarding a time she is leaving, so I am a bit concerned.

      If she has changed her mind and has decided not to leave and she has given me written notice am I allowed to change the locks and remove the items and ask her parents etc to come collect them?

      She has been in the property 3 months, has she any rights on 1st June? Does the police get her out?

      I am worried and anxious and we want to see the last of her and her menagerie!
      Did you let for six months on an AST? If not, please explain more.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        Hi

        Sorry maybe I should have explained myself better

        SHE has given me notice in writing that SHE is leaving on the 31st of May which is fantastic news.

        My only worry is there are 'no signs' that she is moving and I am worried she might have second thoughts and stay, which I don't want.

        What are my rights should she change her mind and decide to stay?

        Thanks

        Comment


          #5
          Originally posted by CheekyMonkey View Post
          Hi

          Sorry maybe I should have explained myself better

          SHE has given me notice in writing that SHE is leaving on the 31st of May which is fantastic news.

          My only worry is there are 'no signs' that she is moving and I am worried she might have second thoughts and stay, which I don't want.

          What are my rights should she change her mind and decide to stay?

          Thanks
          This depends on when fixed term began and ends! That's what my last post meant.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Jeffrey would the distress act 1737(i think) apply in this case as there is still time left to run on the contract and the notice to quit was accepted by both parties?

            If so that might make the tenant go on the day they said they would.

            Comment


              #7
              In my experience if tenant will not leave there is nothing you can do. I had written notice from tenant terminating AST and stating that they would leave on a certain date. They did not. Legal advice was their notice was not worth the paper it was written on. So it was section 8 and court and getting them out 3 or 4 months later. What actually happened (today being 1st June?!) Hope they actually went!
              Unshackled by the chains of idle vanity, A modest manatee, that's me

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