Urgent advice needed for tenant/landlord.

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    Urgent advice needed for tenant/landlord.

    HELP,

    A friend of mine was due to move out of her own property into a rented property with her partner. This morning he decided to pull out and leave her. She is really upset and I'm trying to find out where she stands not only being heartbroken she fears she is going to be made homeless.

    She is due to move Wednesday (today is sunday and cannot get hold of the agents who are acting on her behalf renting out her property or the one who she is renting off)

    Where does she stand? she cannot move as she will not be able to afford rent alone and will she have to move out of her own property?

    I was under the impression that her prospective tenants will not have to move out of there own property as they have rights even tho they have given notice they can refuse to leave and current landlord will serve eviction notice (this happened to me to the property I was moving too although tenant gave notice to leave the day of moving her property fell through and refuse to leave so I had to wait 2 months for the eviction process)

    I really need to give her peace of mind that she will not be made homeless but financially I believe she will have to pay some fees? like relet fee.

    From the contracts I have read NOTHING states anything relating to this only if she actually moves.

    Hope this all makes sense. Any help would be most appreciated.

    #2
    If she doesn't move at the expiry of her notice, the tenancy will end anyway and she will become a trespasser.

    It is possible her current landlord will be willing to grant her a new tenancy, but if not . . .

    Unlike your own experiences (which were covered by the 1988 Housing Act) trespass is different. The landlord can apply to the courts for possession and the hearing will be in around a weeks time. It is likely that immediate possession will be granted, but the bailiffs work on an appointment basis, so I am not sure how long your friend would have in the property - I suspect trespass is a priority so lets say a fortnight at most.

    Also worth bearing in mind that if she has agreed to rent a new property, here is a contract (albeit not a tenancy) and if she breaches it (by not moving in) she could be liable there too.

    Is the new place a 2-bed? Maybe she could take a lodger to help cover the rent?

    Comment


      #3
      If your friend has given notice to quit to her landlord, and the notice was given either during a periodic tenancy or under a break clause, her tenancy will end at notice expiry. The LL will be entitled to treat her as a trespasser and apply immediately for a possession order. Obviously, she won't get evicted overnight, but as Snorkerz says, the procedure could be reasonably quick. (Alternatively, the LL may be willing to grant a new tenancy, but she can't rely on that).

      If your friend has signed a contract for a new tenancy (presumably her ex-partner also signed it?), and doesn't proceed with that tenancy, then she (and ex-partner, if he signed, too) will be liable for any losses the LL suffers as a result of the breach of contract; this might be agency fees, loss of rent, etc. But the LL will be obliged to mitigate his losses, e.g. by taking steps to find a replacement tenant ASAP.

      Comment


        #4
        I am reading OP that friend is about to rent out her own home and become a LL to then become a T elsewhere with bf, which has all gone horribly wrong.

        If she signed contracts with her prospective Ts (or LA signed on her behalf) then she may well be sued for T's losses for breach of contract.
        I'm a good tenant with great landlords
        I'm also a living, breathing, fully cooked female.

        Comment


          #5
          Originally posted by Brb View Post
          I am reading OP that friend is about to rent out her own home and become a LL to then become a T elsewhere with bf, which has all gone horribly wrong.

          If she signed contracts with her prospective Ts (or LA signed on her behalf) then she may well be sued for T's losses for breach of contract.
          Yes, I think you may be right, however 'friend' may be liable for their potential tenants losses as well as their potential landlords losses.

          Comment


            #6
            Originally posted by Snorkerz View Post
            Yes, I think you may be right, however 'friend' may be liable for their potential tenants losses as well as their potential landlords losses.
            I thought about adding the latter but westminster had already posted on that bit.

            Wonder if potential Ts would like "friend's" rental she was about to move into.

            That would be rather neat and tidy, but possibly too hopeful a solution.
            I'm a good tenant with great landlords
            I'm also a living, breathing, fully cooked female.

            Comment


              #7
              Originally posted by Brb View Post
              I am reading OP that friend is about to rent out her own home and become a LL to then become a T elsewhere with bf, which has all gone horribly wrong.

              If she signed contracts with her prospective Ts (or LA signed on her behalf) then she may well be sued for T's losses for breach of contract.
              Yes, if you're right and OP's friend was planning to rent out her own home, and doesn't move out, she'll be in breach of contract with her contracted would-be tenant, and also in breach of contract with her contracted would-be landlord.

              Comment

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