T wants to retract Notice to Quit- what can L do?

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    #61
    Originally posted by Pobinr
    Suppose a T is being seriously negligent in looking after your property....Cos they know they get a free home for 3 months whilst the legal process grinds slowly away.
    The landlord can claim against a non-paying T (or their guarantor) for the unpaid rent/damage. The landlord can also limit his risks by carrying out thorough reference/credit checks, and taking out landlord insurance.

    As regards the notice from T to end tenancy not being worth the paper it's written on. Well if you think that's fair I don't.
    The NTQ was valid. You have chosen to allow T to withdraw his notice.

    If you don't like the law then stop being a landlord. Complaining about how unfair it is achieves nothing.

    Comment


      #62
      Its my 'umble view that the remedies are perhaps not excellent, but that which renders them ineffective is the court process that takes so long just to get a hearing date.

      if only they could appear like Monty Pythons Spanish Inquisition.....
      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

      Comment


        #63
        Originally posted by westminster View Post
        The landlord can claim against a non-paying T (or their guarantor) for the unpaid rent/damage. The landlord can also limit his risks by carrying out thorough reference/credit checks, and taking out landlord insurance.


        The NTQ was valid. You have chosen to allow T to withdraw his notice.

        If you don't like the law then stop being a landlord. Complaining about how unfair it is achieves nothing.
        The NTQ was valid, but as good as worthless because of the law that stops me evicting the tenant on the day he was due to move out !

        Comment


          #64
          Same thing happened to me - written NTQ but tenant changed his mind and I was told that within the fixed term such a notice was not worth the paper it was written on. I had to evict through the court...
          Unshackled by the chains of idle vanity, A modest manatee, that's me

          Comment


            #65
            Originally posted by islandgirl View Post
            Same thing happened to me - written NTQ but tenant changed his mind and I was told that within the fixed term such a notice was not worth the paper it was written on. I had to evict through the court...
            A notice to quit given "within the fixed term" is certainly invalid unless the agreement provides for the fixed term to continue as a periodic one. This is because any non-contractual periodic tenancy that arises after a fixed term comes to an end is contingent upon the tenant remaining in occupation. Unless and until the tenant stays there is no periodic tenancy and you cannot give notice to end something that does not exist.

            Comment


              #66
              Originally posted by Pobinr View Post
              The NTQ was valid, but as good as worthless because of the law that stops me evicting the tenant on the day he was due to move out !
              Theoretically no, but in practice yes, because you will never get a court hearing on the day after the notice to quit expires. However, there is no doubt that the tenancy ends when the notice expires.

              Even the most radical lawyer will admit (even if he does so whispering into his pillow at the dead of night after drawing the curtains and double locking the doors) that there are some tenants who deserve to be summarily evicted. However, the law insists as matter of social policy that no one should be deprived of a home without a proper enquiry. If on the whole you agree with that policy then you cannot really start to make exceptions. If you do not agree with the policy then you will have to campaign for change.

              Comment


                #67
                Classic example of the view from the tenant's side in another thread posted today
                http://www.landlordzone.co.uk/forums...568#post245568

                Originally posted by adelphus View Post
                Following an ongoing dispute about the length of time the landlord (via a letting agent) has taken to repair a faulty appliance (2 months+), I am trying to determine my rights as a private tenant.
                I wish to leave the property because of the hassle the dispute has caused me...

                Throughout the dispute I am certain I have acted fairly and within the contract, given access to the property, continued paying rent, even taken time off work to wait at home for engineers (some who never turned up)...

                I feel like these kinds of problems always favour the landlord and that the tenant has no realistic options (other than lengthy, expensive, legal proceedings) when it comes to dispute resolution.

                Comment


                  #68
                  Originally posted by westminster View Post
                  Classic example of the view from the tenant's side in another thread posted today
                  http://www.landlordzone.co.uk/forums...568#post245568
                  This is a separate issue so irrelevant

                  Comment


                    #69
                    Originally posted by Lawcruncher View Post
                    Theoretically no, but in practice yes, because you will never get a court hearing on the day after the notice to quit expires. However, there is no doubt that the tenancy ends when the notice expires.

                    Even the most radical lawyer will admit (even if he does so whispering into his pillow at the dead of night after drawing the curtains and double locking the doors) that there are some tenants who deserve to be summarily evicted. However, the law insists as matter of social policy that no one should be deprived of a home without a proper enquiry. If on the whole you agree with that policy then you cannot really start to make exceptions. If you do not agree with the policy then you will have to campaign for change.
                    Yes I do agree with that policy for the following reason - The innocent party is the one deprived a proper home, namely the tenant that was going to move in, but instead she's been denied that by the existing tenant !
                    It's irrelevant to say technically the tenancy has ended. It's occupation that needs to end.
                    Instead the offending selfish irresponsible party holds all the trump cards. Thank you legislators.
                    Madness !

                    Comment


                      #70
                      Originally posted by Pobinr View Post
                      Thank you legislators.
                      Indeed! They had you in mind back in 1737:

                      And whereas great inconveniences have happened and may happen to landlords whose tenants have power to determine their leases, by giving notice to quit the premisses by them holden, and yet refusing to deliver up the possession when the landlord hath agreed with another tenant for the same

                      and which continues to provide for the tenant to pay double rent for so long as he remains in occupation after his notice to quit expires. Why are you not demanding the double rent?

                      Comment


                        #71
                        Originally posted by Pobinr View Post
                        The innocent party is the one deprived a proper home, namely the tenant that was going to move in, but instead she's been denied that by the existing tenant !
                        Madness !

                        The innocent party was misled.
                        You shouldn't have let her believe the property was available until you had vacant possesssion.
                        Landlords have to factor in void periods for this very reason.

                        Comment


                          #72
                          Originally posted by Lawcruncher View Post
                          Indeed! They had you in mind back in 1737:

                          And whereas great inconveniences have happened and may happen to landlords whose tenants have power to determine their leases, by giving notice to quit the premisses by them holden, and yet refusing to deliver up the possession when the landlord hath agreed with another tenant for the same

                          and which continues to provide for the tenant to pay double rent for so long as he remains in occupation after his notice to quit expires. Why are you not demanding the double rent?
                          Double the rent would mean he'd leave.
                          But too late not to have screwed up everyone else's plans. Then I'd have to find another T. So it's easier to let him stay. The damage is done.
                          But if he messes me about again then it's definitely curtains for him on principle.

                          Comment


                            #73
                            Originally posted by Sad S View Post
                            The innocent party was misled.
                            You shouldn't have let her believe the property was available until you had vacant possesssion.
                            Landlords have to factor in void periods for this very reason.
                            I can't believe how mad some people here are. It was not I, but the current tenant that lead us to believe the flat would be available on the said date wasn't it !!!!!!!!!!!
                            Or is that too simple for you to grasp.

                            Comment


                              #74
                              I can't believe how mad some people here are.

                              You shouldn't have let her believe the property was available until you had vacant possesssion.
                              I think that says it all..... (e.g. "Dear Miss T: I expect & hope, the current T having advised me he is departing 15th, that 69 Acacia Avenue will be available for you on 21st September 2010 and am happy to draw up a tenancy agreement on the basis. However, until I can confirm to you that the tenancy may proceed, would you kindly hold on to the month's rent in advance & 1.5 months deposit?? We can do the paperwork & sign everything in 30 minutes when we are both ready to proceed". ).

                              Your "old" T was simply exercising his legal rights: You'd want to be able to also, surely??
                              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                              Comment


                                #75
                                Originally posted by theartfullodger View Post
                                Your "old" T was simply exercising his legal rights
                                Sort of yes. The only right he has is the right not to be summarily evicted. Unlike a tenant who has been served a section 21 notice he has no right to stay in the property and is liable to pay double rent and possibly other damages.

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