Tenant wants extension on his notice to quit

[HemelPlumbster]

This is very similar to another post currently on this forum, but slightly different in that the tenant hasn’t actually left yet.

I have a tenant who’s 16 months into a 12 month AST. No problems with him so far.

25 days ago he gave me the required 30 days’ notice to quit. Up till this morning, he was due to leave in 5 days. He’s now asked for a one week (7 day) extension, so effectively he’s given me 12 days notice he’s leaving.

Do I have to accept this? I understand that I can’t actually force him to leave in 5 days as per his original notice to quit, but can I refuse to grant him an extension to his original notice and demand the he give me a brand new 30 day notice to quit (starting from today)?

Like the other poster I’m particularly p1ssed off because I had already managed to find some new tenants. I’m also a bit suspicious because he’s admitted he hasn’t found anywhere to go yet – I suspect he’s going to try pushing back his leaving date by a week at a time until he finds somewhere else. I will probably just give a section 21. But I would like to know what the law says on this.

[Claymore]

My understanding is that you can refuse to extend if you wish and you can also charge double rent for each day he overstays.

You can't force him to give you a new 30 days notice.

[GrumpyGit]

My opinion (based on common sense only) is that one party can't modify a legal notice without the agreement of the other party. therefore you should be able to demand that if he want's you to discard the original he has to give you a new one.

[sunnyp]

I was in a similar situation with my last tenant, I did not have a choice but accept the extension I insisted that a full months rent was payable on the rent day!
You do not have to give a section 21 and if it comes to it then you can proceed with the application for a possession order with his NTQ!

[jjlandlord]

I was in a similar situation with my last tenant, I did not have a choice but accept the extension I insisted that a full months rent was payable on the rent day!

This means you created a new tenancy, with all the potential traps this creates for you.

[KTC]

My opinion (based on common sense only) is that one party can't modify a legal notice without the agreement of the other party. therefore you should be able to demand that if he want's you to discard the original he has to give you a new one.

A tenant notice to quit cannot be withdrawn once given. The associated tenancy will end on the expiry of the notice. If rent is offered and accepted, as opposed to mesne profit, then a new tenancy (probably) without written contract is created.

Don't give a section 21 notice. Simply precede with court action for possession on the basis of the tenant notice to quit, which will have ended their tenancy.

If you want to encourage the tenant to leave, point out the double rent provision under the Distress for Rent Act 1737 for each day they hold over.

[sunnyp]

Wow! I was lucky things ended well the tenant left two weeks after the notice date. Is there no consequence to the tenant overstaying the notice period effectively they can continue living at the property rent free until evicted?

[sunnyp]

If rent is offered and accepted, as opposed to mesne profit, then a new tenancy (probably) without written contract is created.

Don't give a section 21 notice. Simply precede with court action for possession on the basis of the tenant notice to quit, which will have ended their tenancy.

If the tenant holds over and on the rent day(the day after the notice ends) he makes a payment by standing order (method of rent payment throughout the tenancy) will that not put the LL in a position where a new tenancy is created even if the LL does not want to?

[jjlandlord]

If the tenant holds over and on the rent day(the day after the notice ends) he makes a payment by standing order (method of rent payment throughout the tenancy) will that not put the LL in a position where a new tenancy is created even if the LL does not want to?

No. The fact that you have received money does not imply that you accept it as payment of rent.

[GrumpyGit]

A tenant notice to quit cannot be withdrawn once given. The associated tenancy will end on the expiry of the notice.

I thought an AST only comes to an end when the tenant actually leaves?
If an (ex)tenant overstays his notice to quit, then what is his status during the overstay?
If a tenancy comes to an end and the tenant remains in possession, can the landlord just remove him in the traditional 'van Hoogstraten' manner?