Tenancy ending and T wants to stay for extra week or two

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  • Tenancy ending and T wants to stay for extra week or two

    Hi All.

    I have a situation where a tenancy is ending this week as the T served me standard 1 months notice, I have not found a new T and T has not found a suitable property, so T called yesterday to offer a proposition that she stays for an extra week or two, the cost to come out of deposit.

    For me, its fine since I have not found a suitable T, I am however wary of the legal implication of this. Are there any steps that I need to take to protect myself ? The T said that as soon as I find a suitable T, I just need to give her 2/3 days notice.

    Thanks in advance.

  • #2
    I wouldn't do it.
    The tenant's notice ends the tenancy, so they can't continue on the old tenancy.

    Staying and paying rent (however they do it) almost certainly starts a new tenancy - with new notice periods and so on.
    If you find a new tenant and the current one declines to leave, you'll have to serve notice and repossess.

    All the risk is on your side - what happens if you don't find a new tenant for weeks or the existing tenant can't find somewhere else to live?

    Why on earth did the tenant give notice if they don't have somewhere else to live?
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


    • #3
      You have raised some very valid points and a lot of food for thought, I just wondered whether if the existing tenancy is brought to a end, a deed of release signed by the T and a lodger agreement signed on a weekly basis. This way the T has no rights at all.

      The reason I said this is that I verbally agreed to this yesterday, although I could always change my mind etc.

      Comment


      • #4
        Originally posted by platforminc View Post
        a lodger agreement signed on a weekly basis.
        Do you live in this property as well?

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        • #5
          No. If the tenant does refuse to move, will I not be in thesame situation by having to apply to the courts for possession. Thats why I feel in cases like this, one needs to be careful.

          Comment


          • #6
            You can apply for possession based on their notice to you, provided you don't accept any further rent.
            Their notice ends the tenancy and you can ask the court to evict them pretty much immediately.

            In theory, if they don't leave, you are entitled to mesne profit at two times the rate of the rent.
            However, the law regarding this is so old, I've never heard of it being used as anything other than a threat.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


            • #7
              Originally posted by platforminc View Post
              I just wondered whether if the existing tenancy is brought to a end, a deed of release signed by the T and a lodger agreement signed on a weekly basis. This way the T has no rights at all.

              The reason I said this is that I verbally agreed to this yesterday, although I could always change my mind etc.
              You can't have a lodger agreement unless the occupier is really a lodger - what the agreement says is less important than what is actually the case (if you end up in court).

              If you agree something verbally, it's as agreed as if it's in writing.
              Obviously it's your word against theirs, but you'd be in the wrong.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


              • #8
                Is there a way out here ?
                I asked the T to put the request in writing and they are yet to do this.

                Thanks.

                Comment


                • #9
                  Oh, for goodness sake. What does it matter if you do theoretically give tenant a new tenancy? She sounds like she's been okay up to now. She wants a flat, and you'd like some rent, surely?

                  I doubt tenant kept a copy of the notice or your acceptance.

                  Comment


                  • #10
                    If you grant a new monthly periodic tenancy (no fixed term), tenant can still give fresh NTQ to expire at the end of a complete rental period. It could be a practical solution - unless you wanted rid of the T, anyway.

                    Comment


                    • #11
                      To be fair she has been good. Not granting new tenancy though. The notice she sent me was via email. I also prefer to make it look like she's squatting there and a solution where it's easy for me to get rid of T anytime without much fuss. Hence the reason why I'm reluctant to grant anything new. Remember this is only going to be for max 2 weeks. I have interest in the property it's just that I'm being very careful and picky with tenants. Also it appears the market is a Tenants market at the moment.

                      Comment


                      • #12
                        Is there any evidence tenant served notice?

                        Why not just accept a deed of surrender when she departs?

                        No rent will change hands anyway if your claiming it from deposit and by time you obtain the deposit she will have left so no risk of new tenancy commencing.

                        I think this is being made way more complicated than it needs be. There's no more risk to allowing her to overstay than a tenant that gives notice then refuses to leave?

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                        • #13
                          I think it's being complicated for no reason as well. Should I get her to sign a deed of surrender when her tenancy expires on Friday ?

                          She served notice via email which I have.

                          Comment


                          • #14
                            What does her email Notice say?

                            Comment


                            • #15
                              Dear (My name), starting from today (date of the notice in April) the tenants XXX and XXX living in your property XXXXXXXXXXXXXXXXX are giving you the notice to leave the property on 26 of May 2017 end of the Tenancy Agreement.


                              Best regards

                              The 26th of May is when the contract actually ends, so they chose not to renew and served a notice like 5 weeks before the expiry.

                              Comment

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