Tenants staying on after end of tenancy
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Thanks for replies. Have passed comments to the couple and they have asked me to pass on their thanks. They have said that they have spoken to landlord and he has said they can stay until house purchase completes.
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There could be a delay of a week or two at most.
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Originally posted by havensRus View Postjeffrey, seeing as it's the T that gave notice, and now not leaving on due date, does the Distress for Rent Act not come in then? meaning they'd be liable to pay double rent until they leave?
Originally posted by havensRus View PostIn theory maybe. But the LL found new T on the basis of notice given by T, so why should T not be liable for the loss suffered by LL if the new T can't move in?
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Originally posted by jeffrey View PostThis does not affect the deposit, although further rent is of course due at the same rate as during the fixed term.
Originally posted by jeffrey View PostThat their L has contracted to re-let at once is his problem, not theirs.
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If T stays-on, it's usually on a statutory continuation of the fixed-term tenancy. This does not affect the deposit, although further rent is of course due at the same rate as during the fixed term. That their L has contracted to re-let at once is his problem, not theirs.
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Tenants staying on after end of tenancy
Knowing that I am a landlord, a couple approached me for some advice. I can give them some of the answers to their questions, but don't feel confident to answer all of their questions in full, with any degree of certainty. They are both clearly feeling very distressed, so I thought I would post on here with the hope that somebody may answer their queries with a little more certainty than I can, so that I can then pass on the answers to them.
They are at present renting and have given notice to end the tenancy so that they can move into a house being bought on a part ownership basis with a housing association. The end date for the tenancy is 13th March, ie about 10 days time. Landlord has somebody sorted to move in on 16th March.
It appears that there is a problem at the land registry and the couple's solicitors have advised that the sale may not go through in time. There could be a delay of a week or two at most. If this does happen the couple has nowhere to live. They also have a 2 year old child.
I have told them that if they stayed beyond next week, there is nothing that the landlord could legally do in the near future to remove them. I do not believe that a section 21 had been issued and even if it had the landlord would not get a court date before they had moved out anyway. I have neither suggested that they move out nor stay. I know exactly how I would feel if I were their landlord, but on the other hand I feel for the young couple who are clearly struggling and could end up without anywhere to stay.
The problem I have is answering their questions about what the subsequent consequences would be.
Would they lose all of their deposit, or just a pro-rata amount for the extra week or so?
Would the landlord have rise to make a claim for any other damages? What for instance would happen if the landlord lost the new tenants due to move in on 16th March
Even knowing that the extension was a temporary one, if the landlord decided he wanted to start the removal process using for instance a solicitor, would the couple be liable for these costs? If the answer to this is yes, I presume the landlord would need to sue through the small claims court.Tags: None
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by marinerJust give the Agent 3 month Notice now, as specified in your current mutual Contract. A standard Clause for most Agents.
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Channel: Residential Letting Questions
16-12-2019, 01:33 AM -
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by gkasusI am a first time landlord. Appreciate anyone's help on the interpretation of the termination clauses for my fully managed let property. The tenancy agreement started in 2017 for 1 year and then went into periodic to now. Tenancy is still active.
The current contract is quite explicit...-
Channel: Residential Letting Questions
14-12-2019, 18:24 PM -
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by Jon66Aha, that clears it up. Apologies.
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Channel: Residential Letting Questions
16-12-2019, 01:23 AM -
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Hi
I am at my wits end. Moved in to a property on a 6 month AST. Moved in September.
From the day I walked it it's been a nightmare. As I came through the door there was water coming through the ceiling and it just got worse...
I will keep it short
Grade...-
Channel: Residential Letting Questions
15-12-2019, 01:44 AM -
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There's no implied right of access for that purpose, so there would have to be an explicit providing in the tenancy agreement before the landlord had any contractual right. However, if you refuse access, the landlord cannot enter, even if he can subsequently sue you for breach of contract, or at least...
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Channel: Residential Letting Questions
16-12-2019, 00:30 AM -
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I think I have possibly removed my comment accidentally as I am not familiar with this site.
The LL has arranged for a letting agent to call round this week and I was asking if I am obliged to let them come and take photos etc to re market the property for when we are gone. Given the outstanding...-
Channel: Residential Letting Questions
15-12-2019, 23:20 PM -
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Ok thank you. Yes have applied for social housing. It is really that bad and I am concerned for our safety.
Everything is documented via text as that's Ll preferred method. I have plenty of photos too. I shall get onto before work tomorrow.
Thank you...-
Channel: Residential Letting Questions
15-12-2019, 23:11 PM -
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by Jon66jpkeates may have posted on the wrong thread?...
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Channel: Residential Letting Questions
15-12-2019, 22:53 PM -
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by Jon66If you have documented everything and have photos and email evidence, and if it is that bad, you could probably leave asap as your ll has committed a repudiatory breach of the tenancy agreement. As another poster said, speak to environmental health who can issue hazard notices compelling the landlord...
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Channel: Residential Letting Questions
15-12-2019, 22:29 PM -
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by MdeBBut the agreement also ends without notice when the tenancy ends...
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Channel: Residential Letting Questions
15-12-2019, 22:26 PM -
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