tenant will only pay part rent as leaving mid-month

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    tenant will only pay part rent as leaving mid-month

    My husband served notice verbally on 21st July. Tenant is saying they have accepted this notice, however they are refusing to move out on the 21st August as they will not have completed on their property by that date. They have told us they intend to stay 11 days over the 21st August and will only pay rent for those 11 days. Can they do this? Surely they are required to pay the rent on a monthly basis as they are on a periodic monthly contract, (rent is due 17th of each month).

    (I served a section 21 notice in person today, so as far as i'm concerned they are due out on the 16th September legally. I didn't think the verbal notice counted legally?)

    #2
    Do you have someone else moving in on the 21st August?

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      #3
      No we haven't advertised it yet...

      Comment


        #4
        So you are throwing away 11 days extra rent, for what reason??

        They are in a whole, at least have the courtesy to help them out, as your name could be smeared as an inflexible landlord

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          #5
          Er..if this is an AST in England or Wales, you have not served any valid notice at all.

          For a start, notice needs to be in writing. Second, you need to give your tenants a minimum of TWO months' notice to expire at the end either of the fixed term, or of a rental period if the tenancy has become a statutory periodic one. (Has it?) However, you can't have it all ways. Either you want them to leave or you don't. All you can do now is apologise for the erroneous notice and re-issue a correct s21 or agree an early surrender with your Ts. Be aware that if they want to be 'awkward' they could insist on staying at least another two months then obliging you to obtain a court order for possession - so it is in your interests to be reasonable.


          If you tell us the start and end dates of the fixed term of the AST we can advise as to the appropriate dates for your section 21 notice.

          However if your Ts have given you written notice (have they?) and are keen to move out, I would allow them to, but advise them they are liable for rent until their notice expires.
          '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

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            #6
            Originally posted by frantrav View Post
            (I served a section 21 notice in person today, so as far as i'm concerned they are due out on the 16th September legally. I didn't think the verbal notice counted legally?)
            Even if you have served a valid section 21 notice (does a tenancy period end on the 16th?) that does not legally oblige the tenant to go on the 16th. You can only force a tenant out with a court order.

            Comment


              #7
              MODERATOR : Please merge this thread with OP's other thread on same tenant:

              http://www.landlordzone.co.uk/forums...ad.php?t=30242
              '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

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                #8
                makes sense reading the other thread why you are upset about this ..... are they a small firm or national company?

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                  #9
                  She's opened a small local estate/letting agents in the village - she's just opened a new office in a local town, but judging from the difficulty in getting rent off her every month, she's stretching herself financially.

                  Comment


                    #10
                    Originally posted by frantrav View Post
                    She's opened a small local estate/letting agents in the village - she's just opened a new office in a local town, but judging from the difficulty in getting rent off her every month, she's stretching herself financially.
                    So do the community a service and expose her as a complete charlatan. I'm serious! They need to know that she is unprofessional and dishonest. Nobody should be giving this woman the time of day, let alone the keys to their property. This is not normal behaviour for a local businessperson hoping to build up her client base in the neighbourhood, is it?
                    '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


                      #11
                      Originally posted by mind the gap View Post
                      So do the community a service and expose her as a complete charlatan. I'm serious! They need to know that she is unprofessional and dishonest. Nobody should be giving this woman the time of day, let alone the keys to their property. This is not normal behaviour for a local businessperson hoping to build up her client base in the neighbourhood, is it?
                      Its a complete and utter abuse of power, It takes a lot to gain the trust of a client and handing over the keys to a property is the biggest leap of faith a landlord can take.

                      I completely agree with mtg .... name and shame ..... theres plenty of good, honest agencies out there who will act in your best interest, clearly this time you have sadly stumbled on someone who has no business ethics

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