Changed my mind landlord not moving now?

Changed my mind landlord not moving now?

13:58 PM, 3rd September 2018, About 3 years ago 18

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Hi Property118, I have tenant that has given the required notice to vacate on the 20th September.

However he has now texted me saying his new let has fallen through and will not now be vacating!

His rent is fully paid up and the deposit returned.

I have a tenant signed up ready to move in October 1st

What do I do?

Many thanks

Norman



Comments

by Ian Narbeth

11:51 AM, 4th September 2018, About 3 years ago

Reply to the comment left by Steve Masters at 04/09/2018 - 11:44
Hi Steve. Short answer: No. This is not a case of frustration in its legal meaning.

by Steve Masters

12:40 PM, 4th September 2018, About 3 years ago

Perhaps Norman should negotiate with both old and new tenants to accept double rent as mesne profits for occupation beyond the end of the tenancy agreement, one sum to be retained by Norman in place of normal rent and one sum to be giving to the new tenant as compensation for delayed occupation. Hopefully this will persuade the old tenant to vacate soon enough for the new tenant to wait a short while.

Tessa's post that Simon refers to is an interesting read, especially Adrian's comment in which he says he has had success in claiming double rent. See https://www.landlordlawblog.co.uk/2012/02/29/what-happens-if-the-tenant-gives-notice-but-then-doesnt-leave/#comment-2962

by Clint

12:48 PM, 4th September 2018, About 3 years ago

I think the points below which I do may be useful when renting in the future:

I always sign the tenancy agreement at the point of handing over the keys.

I always return deposit at the point of the keys being returned with deductions if agreed or within the 10 day time period for returning the deposit. I also get a document signed at the point of returning the deposit stating that no monies including the deposit are owed by either party.

by Steve Masters

13:09 PM, 4th September 2018, About 3 years ago

Reply to the comment left by Clint at 04/09/2018 - 12:48
I agree Clint, exchange of keys acts is a simple token for the start and end of a tenancy and/or occupancy. (Token meaning: "a thing serving as a visible or tangible representation of a fact".) I always collect the first rent at the same time as signing the tenancy agreement and handing over the keys, even if in advance of start date but always after old tenant has vacated. This may incur a short void but safest and fairest.

But poor Norman is stuck between a rock and a hard place, he needs a solution to get out of his dilemma now, and he won't be the last person to face this.

by Gary Dully

20:11 PM, 4th September 2018, About 3 years ago

Tell the current tenant that his notice is final and cannot be revoked as it met the requirements of the prevention from eviction act 1977 part 2, para 5. Ie: it was for at least 4 weeks written notice and was in writing.

That entitled you to advertise and offer a future tenancy to someone else suitable.

The tenants tenancy legally ends at its conclusion. If he has lost his next residency he should consider damages for breach of contract with his future landlord, even if verbal, for loss of his home based on misrepresentation.

What would happen if it were for employment?

Would you take on a disgruntled employee or seek a better one?

by Michael Barnes

1:37 AM, 5th September 2018, About 3 years ago

Once valid notice has been given by the tenant, the tenancy automatically ends on the date stated.
I believe this also applies if the notice is not 'valid' because end date or length of notice is incorrect AND the landlord accepts that notice.
If the tenant does not vacate, then he is not a trespasser (but I am unsure of his legal standing).
Do not demand rent after the end of the tenancy, as that would create a new tenancy; you can demand payment in arrears for his unauthorised occupation of the property and, in accordance with the Distress for Rent Act, you can claim payment equal to twice the agreed rent for the tenancy.
I would write to the tenant explaining that
1. his notice ends the tenancy in law and cannot be rescinded.
2. if he does not leave by the end of the date in his notice, then he will be liable to you for your legal costs in gaining possession of the property.
3. if he does not leave by the end of the date in his notice, then he will be liable to pay you at a rate equal to double the current rent, in accordance with the Distress for Rent Act.
4. You will not be creating a new tenancy with him, and any moneys he pays you after leaving date will be accepted as mesne profit.

by Michael Barnes

17:14 PM, 8th September 2018, About 3 years ago

Reply to the comment left by Michael Barnes at 05/09/2018 - 01:37If the tenant does not vacate, then he is not a trespasser
That should have read "he is not a squatter, he is a trespasser"

by Nick Pope

7:55 AM, 10th September 2018, About 3 years ago

Mesne profits were mentioned. This is absolutely correct. You should never accept rent even if offered as such as that creates a landlord/tenant situation and you are back to square 1. You need to acknowledge the money as mesne profits and if possible get the ex tenant (for such will he be) to sign a copy of the receipt for your records or alternatively have a 3rd party present if paid in person or send the receipt by post but signed for.


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