T gave Notice To Quit but now refuses to leave

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    T gave Notice To Quit but now refuses to leave

    We have a tenant in our house on a 12 month assured shorthold tenancy agreement which started on 1 July 2008 expirying 30 June 2009. The tenant was recommended to us by the local authority and is in receipt of housing benefit.

    The tenant wrote to us on the 3 June 2009 giving us notice that she intended to vacate the property on the 31 July 2009 - she only needed to give us one month's notice but we were happy for her to stay for the extra month.

    Now the tenant has decided that she is not going to leave our house as she has been unable to find another property. When I spoke to the council they laughed and asked me why I assumed that she would be moving out on the 31July - well the fact that she had served notice on us was my reply - to which they advised me that the tenant has the right to change her mind because she has been unable to find alternative accommodation. Is this the case? I have written to her to ask her to inform us when she intends to vacate the property but she has not replied to us.

    Can we ask for a new tenancy agreement to be signed by her so that we have an agreement in place as at the moment she could up and leave when ever and we want something definite in place.

    Please help.

    #2
    See s.1 of the Landlord and Tenant Act 1730 and s.18 of the Distress for Rent Act 1737- yes, really!
    Here's a thread: http://www.landlordzone.co.uk/forums...highlight=1730
    You as L can claim not only rent but double rent. Now see if the Council laugh.
    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


      #3
      Please Help

      Thank you for replying so quickly.

      I clicked on the link and the 2nd paragraph refers to "after the landlord has served written notice". Is there a particular notice that we have to serve or do we just write advising that we are entitled to claim double rent as she failed to vacate.

      After a few heated discussions my partner has said that she can stay in the house provided that she pays us the rent on time but I don't like the fact that the tenancy agreement expired in June - what do we fall back on when it all goes wrong? Would you advise that we get a new agreement put in place? Does she need to serve another months notice on us again or can she just leave the property?

      Thank you for your help

      Comment


        #4
        I cannot trace any prescribed form of Notice for this purpose- so a letter would suffice, if it makes clear reference to those 1730/1737 Acts and the relevant sections. Best is to cut/paste their text so far as relevant.

        The tenancy would probably now have been continuing as a Statutory Periodic Tenancy, month to month, hadl T not validly terminated it by Notice (as you/we want to assert). There is no need for any new Tenancy Agreement- and any such would destroy your 'double rent' claim.
        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


          #5
          Please help

          Would anybody be able to shine some light as to what is the best course of action to take now to get the Tenant out of our house?

          Comment


            #6
            Charge her the double rent, you wont see her heels for dust.
            I offer no guarantee that anything I say is correct. wysiwyg

            Comment


              #7
              Originally posted by Becky77 View Post
              Would anybody be able to shine some light as to what is the best course of action to take now to get the Tenant out of our house?
              Cockroaches always put people off a place
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


                #8
                4 options:

                1. T pays double rent.
                2. Get her to sign a new AST at freshly negotiated rent.
                3. T leaves.
                4. Leave T on periodic @ original rent.
                A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                W.Churchill

                Comment


                  #9
                  Originally posted by Rodent1 View Post
                  4 options:

                  1. T pays double rent.
                  2. Get her to sign a new AST at freshly negotiated rent.
                  3. T leaves.
                  4. Leave T on periodic @ original rent.
                  Option 4 is a non-starter; the old tenancy has ended, so there's nothing to continue.
                  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


                    #10
                    Originally posted by jeffrey View Post
                    Option 4 is a non-starter; the old tenancy has ended, so there's nothing to continue.
                    Agreed. .
                    A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                    W.Churchill

                    Comment


                      #11
                      In order to get her to pay double rent do I need to start proceedings at Court or simply just write to her explaining that we are entitled to double rent as she failed to vacate after giving us Notice to Quit?

                      Comment


                        #12
                        Originally posted by Becky77 View Post
                        In order to get her to pay double rent do I need to start proceedings at Court or simply just write to her explaining that we are entitled to double rent as she failed to vacate after giving us Notice to Quit?
                        Er, I did answer that point in post #4:

                        Originally posted by jeffrey View Post
                        I cannot trace any prescribed form of Notice for this purpose- so a letter would suffice, if it makes clear reference to those 1730/1737 Acts and the relevant sections. Best is to cut/paste their text so far as relevant.
                        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

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