Tenant refusing to leave...new tenants due in 4 days!

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    Tenant refusing to leave...new tenants due in 4 days!

    Basically I have a tenant who is being ridiculously difficult with me.

    I gave him an oral notice of one month and he was happy with this. 1 Week before he was due to leave he called me up and says he needs longer, he also says that I need to put it in writing and he needs 2 months as we were within the 6 month AST this would take him to 26th May.

    I grudgingly agreed despite him previously saying 1 month was fine. He thne said he would move out on the 22nd April which I said ok fine. I had an offer from new tenants to move in on the 3rd May 2010, and I asked him to confirm and he said yes it would be fine. After contracts signed he said he wanted til 7th May, I said I had already signed and he said he would make arrangements.

    Now he has text me saying he is very ill and wont be able to stay with friends, I need to either let him stay an extra week or pay for a hotel and also for storage.
    I said I would pay for his storage and a hotel for the extra week. However I still have a funny feeling he wont leave. WE dont have a contract as he was my neighbour and I thought I could trust him, he is behind on the rent from 22nd April 2010 and I dare not ask him as I know he wont pay.

    I have signed a contract with the new tenants to move in on monday, if this guy is not out where do I stand?

    Thanks in advance

    #2
    In breach of the contract with your new tenants for starters.

    Comment


      #3
      Oh dear.

      You do have a contract, your tenant has an oral 6 month fixed term Assured Shorthold Tenancy which is covered by the 1988 Housing Act.

      This can only be ended by the landlord by obtaining a court order under either section 8 or section 21 of the act.

      Section 8 is usually used for rent arrears, though other breaches are covered by it. A few days late on rent is never going to be enough for a court to evict - you would need at least 2 months / 8 weeks unpaid to guarantee possession.

      Section 21 is guaranteed possession if you do it right. You need to give 2 months notice, using a section 21(1)(b) notice if you are still in the fixed term. Once the 2 months is up, you can apply to the court for a possession order. You can not issue a section 21 notice if the tenant paid a deposit to you and you haven't protected it in one of the 3 government approved schemes - and complied with their terms/conditions/requirements.

      In both instances, the court process will take 4-6 weeks and the tenant will be given at least 14 days to go. If the tenant doesn't go, you will need to employ court bailiffs - more delay and money.

      Evicting your tenant by any other means would be illegal eviction - a criminal offence with a fine of up to £5k or 6 months inside if dealt with by the magistrates - crown court fines etc are considerably higher.

      With regard to your new tenants - as DJB says, you are in breach of contract with them. They obviously will have a claim against you in the civil court if they suffer any loss as a result of your inability to allow them to move into the property.

      ================================================

      But of course, you knew all that didn't you, you were just wasting my time
      http://www.landlordzone.co.uk/forums...35&postcount=3

      Comment


        #4
        Originally posted by Snorkerz View Post

        But of course, you knew all that didn't you, you were just wasting my time
        http://www.landlordzone.co.uk/forums...35&postcount=3
        Having ploughed through OP's first thread http://www.landlordzone.co.uk/forums...ad.php?t=10018 with increasing disbelief, I must say I agree with you : a troll.
        '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


          #5
          Basicily as he gave you nothing in writting that he be giving up the tennancy in one month, you basicily haven't got much to go on.
          If he agreed in writting, you may possibily be able to sue him for "Distress of Rent" which would mean he would have to pay twice the normal rent. Which may encourage him to move.
          Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

          Comment


            #6
            Not so. He didn't give tenant proper notice by issuing a s.21 notice for possession!
            Mrs Jones
            I am not an expert - my posts are my opinion and should not be taken as fact!!

            Comment


              #7
              Your responsibility and priority is to the tenents who were due to move in. Perhaps if you explain to them the position that your existing tenant has changed his mind they must make other arrangements. Offer them a month rent free.(If and when its vacant)
              This happened to me, I rented my house out when I was promoted and my job was 100 miles away. 12 months later I was made redundant and I wanted to move back. I spoke to the tenant (November) and she said that she would be out for Christmas. Saw mid Dec and she said that she would not be going as she had nowhere to go.
              Perhaps with you it might go better legally if you were to want the house back for yourself. I did and it helped.

              Comment


                #8
                Originally posted by Always Problems View Post
                Your responsibility and priority is to the tenents who were due to move in. Perhaps if you explain to them the position that your existing tenant has changed his mind they must make other arrangements. Offer them a month rent free.(If and when its vacant)
                This is a suggestion; it may work, it may not. If I were the new tenants I would not be prepared to hang around that long on the offchance. If they are unable to stay where they are, they will have all the upheaval of moving out and moving in with friends/family (if possible) or even to an interim rental property/B& B, etc., before at some undefined point in the next six months, being able to move into O's property. Nightmare. It was extremely naive of OP to assume 'old' T would move out, then new Ts move in with no possibility of hitches, I'm afraid. Lesson learnt.

                More useful would be to apologise profusely to the 'new' tenants and negotiate with them about releasing them from the agreement to let, given that it may take you several months before the original tenants actually vacate. This will probably involve a financial incentive and may have to be be drawn up and executed as a Deed, to be watertight. They are however under no obligation to negotiate with OP over this and may sue for breach of contract.

                Originally posted by Always Problems View Post
                Perhaps with you it might go better legally if you were to want the house back for yourself. I did and it helped.
                No. OP's reason for requiring possession under s21 (or s8 for that matter), is neither here nor there. If the notice is validly served then a possession order should be forthcoming. The judge won't care two hoots why you want the property back. They sometimes exercise compassion in the case of destitute tenants with a compelling reason for being physically unable to move out, but I've never heard of them taking the LL's situation into account. Besides, for this LL to claim he wants the property back for himself would simply not be true.

                If a property has been let on the understanding (communicated clearly in writing to the T in advance of the start of the tenancy) that possession will be required at termination for LL's own occupation, that is different and it may have been why you found it helped'- we have no way of knowing. But that does not appear to be not the case here.
                '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


                  #9
                  Originally posted by mind the gap View Post
                  More useful would be to apologise profusely to the 'new' tenants and negotiate with them about releasing them from the agreement to let, given that it may take you several months before the original tenants actually vacate. This will probably involve a financial incentive and may have to be be drawn up and executed as a Deed, to be watertight. They are however under no obligation to negotiate with OP over this and may sue for breach of contract.
                  As current T has already indicated that he'd go if LL paid for a week in a hotel/storage - which shows he's willing to go and to negotiate about it, even if OP doesn't believe he'd stick to the deal - I think I'd try offering the financial incentive to the current tenant first (assuming new T can wait a week or so), but make it a much better deal than a week in a hotel and impose strict conditions. Say, if he signs a deed of surrender AND moves out all his stuff AND hands back keys by a certain date, THEN he gets money for a month in a hotel, and all arrears written off. Cheaper than being sued for breach of contract by new T.

                  Comment


                    #10
                    Originally posted by westminster View Post
                    As current T has already indicated that he'd go if LL paid for a week in a hotel/storage - which shows he's willing to go and to negotiate about it, even if OP doesn't believe he'd stick to the deal - I think I'd try offering the financial incentive to the current tenant first (assuming new T can wait a week or so), but make it a much better deal than a week in a hotel and impose strict conditions. Say, if he signs a deed of surrender AND moves out all his stuff AND hands back keys by a certain date, THEN he gets money for a month in a hotel, and all arrears written off. Cheaper than being sued for breach of contract by new T.
                    Yes, that makes sense.
                    '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

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