Tenant gave notice declining to renew, has changed mind

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    Tenant gave notice declining to renew, has changed mind

    The tenant in our rental property (our first) has been there for two years. She told us (via email) that she would not be renewing the contract at the end of the second term one month before the end date of the contract. Having given notice, she then stopped paying rent (asking to take the rent out of the deposit). We, and the letting agent, explained that this was not possible and after two formal reminders she paid the outstanding rent.

    At the letting agent's suggestion, they revalued the property and suggested a new rental amount £200 higher than the current monthly rent our existing tenant is paying.

    On Friday of last week (one week before the leave date) our tenant told the letting agent she now wants to stay for an additional two months and that she isn't ready to move out on the 15th. Our letting agent claims to have spoken with her regarding the increased rental amount and relayed that she can't pay the additional £200/month (sidenote: we are not 100% convinced of our rental agent).

    Our theoretical options, as I see them:
    1) "Roll over": allow her to stay for an additional two months at the existing monthly rent (new contract needed?) and hope she pays.
    2) Ask her to move out on the date she gave notice for, and then (assuming she doesn't) look at options to have her removed.

    A quick bit of googling seems to suggest that while option 1 feels weak, it might be the most practical choice, but all of the scenarios I've found are of the "landlord wants property back; gives section 21 notice and waits two months" rather than "tenant said they would move out at end of contract and hasn't". I suspect the end result is the same, and that we're just going to have to chalk it up to experience but if there's another obvious route I'm missing, would appreciate the steer.

    Thanks in advance -- details below.

    Ano
    --

    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
    England -- London

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
    Sole tenant AST

    Q3 – What date did current TA start dd/mm/yy?
    Original 1-yr AST 15 July 2014. Renewed 15 July 2015, expires 14 July 2016

    Q4 – How long was initial fixed term (6/12/24 months / other)?
    6 months

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?
    PCM, due on 15th

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?
    A deposit was paid at the start of the original agreement

    Q8 – Does the landlord live in the same property as the tenant?
    No.

    #2
    The notice your tenant gave was invalid.

    The only thing you can enforce is a rent increase by use of a Sec 13 for the 15th Aug onwards and/or serve a sec 21 giving at least two months notice.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      T can vacate without Notice on last day of fixed tern. Thereafter SPT will arise and T must give 1 month clear NTQ to expire at end of a rental period and vacate on that date.
      Any updates?

      Comment


        #4
        You need to post the relevant bits of her email 'giving notice' because "not renewing the contract" just means she doesn't want another fixed term, its not in itself a notice to quit.

        Comment


          #5
          In a sense you have been messed around, and I don't know if you have a tenant lined up.

          If you can avoid a void period the better for you. Does your letting agent get a new commission, if they find you a new tenant? Sometimes, I feel some letting agents have false incentives, as they make case on referencing and other fees.

          If you a reasonable tenant, then why not stick with her, rather then risk on an unknown new tenant?

          Comment


            #6
            Ah, the LL's dilemma 'will she go or will she stay?'.
            She has said she only wants 2 extra months & no LL promise that accom to new T until assured of vacant possession.
            Give written min 24 hr Notice of intended inspection after 14th and hand deliver (14th). If T still in occupation & willing to talk, ask about her future intentions and get her to provide an NTQ to state she will vacate T on 14 Aug, otherwise you are minded to serve s13 to increase rent to £x after that date. NTQs legally binding & not rescindable by T.

            Comment


              #7
              Thanks for the advice all. In the end we decided to suck it up and served the sec21 notice.

              Cheers all!

              Comment

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