Liability when a tenants serves notice but then cant move

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    Liability when a tenants serves notice but then cant move

    I hear there is a liability that falls on a tenant for each day they cant move over and beyond the date they were due to move when they serve notice. Does anyone know how much the rate is.

    I believe all they owe is the rent but wait for an expert to confirm this.


      Under these circumstances, a landlord is entitled to receive rent at a daily rate calculated from the rent that the tenant was up to that time paying. A landlord could also expect a tenant to pay any other associated out of pocket expenses that a landlord incurrs because the tenant has not vacated as promised.

      Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.


        Liability when tenants serve notice but then cant move

        I think this is goodwill teritory. I think that if the tenant had been a model tenant and the tenancy period completed was a year or more, then I'd probably write off a few days provided that I didn't have an immediate incoming tenant or the need to re-schedule maintenance work etc.
        I recently had model tenants who were leaving on the last day of a six month tenancy but who at the last minute had problems which required that they stayed a further week. They expressed surprise when I suggested a charge at the daily rate and I was surprised enough myself to halve the charge as a goodwill gesture. On reflection, pro-rata charging (plus any costs incurred) is fair and reasonable.


          OTH the week could go onto a second week and then onto a month

          I'm not sure in these circumstances whether the landlord will have to issue a S 21 notice or if there is a fast track to using the tenant's notice of departure and what if any form such notice has to take to be enforceable by the landlord.
          Vic - wicked landlord
          Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
          Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.


            I was in this situation a few years ago, My Boss bought a house for me and my sister to rent and I gave notice on my current rental, unfortunatly there were ongoing issues and we finally moved 2 months after I gave notice! During that time there were NO viewings of the flat to my knowledge, NO mention of anyone wanting to move in. When I finally moved out I asked for the two weeks rent I had overpaid and was told by the letting agent that I had "messed them about" and that "I had lost them several tenants!" So I would have to forgo the money!!!

            I had kept them and the LL aware of the situation, always telling them as soon as I knew of any further delays, the property remained empty for another 6 months after I left and only people from outside the area viewed it (was missold as a high class area when in fact it was in an urban regenration area NOT nice at all and the property was certanly not high class by any stretch of the imagination!).

            In hindsight I should have moved my stuff into storage and stayed with my Mum!! The Ll never did see the extra 2 weeks I paid!!
            GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

            Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!


              My thoughts are that if occupation is retained after the vacating date given by notice by the tenants, then the notice that was given falls. New notice is thus needed and the Protection from Eviction Act comes in.

              This states that not less than 4 weeks notice is given, expiring on the last day of a rent period.

              I would tell the tenants this, but agree (if they were decent tenants) to mitigate the rent thus due to a daily/weekly rate.
              On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.


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