Deposit Dilemma with tenant asking to stay longer?

by Readers Question

14:20 PM, 3rd February 2015
About 4 years ago

Deposit Dilemma with tenant asking to stay longer?

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Deposit Dilemma with tenant asking to stay longer?

I have a tenant who has handed in her notice and is due to leave this Friday. She has now informed the managing agent that she can’t move out as the house she is moving into is not available until 16 Feb. Rent has always been paid on time.

She is willing to pay rent for the extra days she is there, but I have a bad feeling about this as if her house falls through then it could be longer than a week. There is no new tenant moving in as I am selling the property.

My questions are:

  • As she handed in her notice what does this extra rent constitute?
  • Is it in relation to the same tenancy or not?
  • If not will it cause me a problem to accept it?
    What is my position with the deposit?
  • It is under a deposit scheme, but does this extension in leaving date (which I have not said yes to yet) cause me to request a further deposit?

A section 21 was issued at the time the tenancy was signed and I’m wondering if I should start lining up any proceeding in case this all goes to pot.

Thanks

Sharmeladelayed



Comments

Ian Ringrose

15:31 PM, 3rd February 2015
About 4 years ago

I thought you could charge double rent if a tenant failed to leave on the date they said they would.

sharmela Jansari

15:36 PM, 3rd February 2015
About 4 years ago

I read that somewhere as well but to be honest Im not interested in getting more money out of her. Im worried about the deposit position after Friday.

Ray Davison

16:59 PM, 3rd February 2015
About 4 years ago

I also read that however I am not sure where or how to apply it.

As I understand it there is a distinction over a LL issuing a S21 (That does not in itself end a tenancy) and a tenant giving notice (Which does end the tenancy). So what the legal position is if the tenant does not leave I am not sure. Do you have to write a new tenancy with all that entails? Are they trespassing? I think Tessa Shepperson did an article on this. Given that the tenancy has ended the deposit must be dealt with appropriately I would assume.

In practice I have done this many times and the tenant has always left a few days later complete with a proper check-out etc. What you need to do if the tenant does not leave I do not know. Can you write a licence to occupy for a few days?

Sam Addison

17:03 PM, 3rd February 2015
About 4 years ago

As far as the deposit is concerned can I suggest you ask the deposit scheme what the situation is from their perspective. this must happen to them frequently.

Ray Davison

17:36 PM, 3rd February 2015
About 4 years ago

Reply to the comment left by "Sam Addison" at "03/02/2015 - 17:03":

Would you trust the advice given by a deposit scheme regarding your legal position? I know I wouldn't after their shambolic handling of post Superstrike etc. They may be able to tell you what to do regarding their rules but that is a long way from keeping you legal.

Mike T

18:22 PM, 3rd February 2015
About 4 years ago

I would have thought that a simple document confirming the new date of ending the tenancy, along with the amount of rent paid/received for this period. And, noting that the matter of the existing deposit will be dealt with after the move out date i.e 16th Feb.2015.
Of course both parties to confirm their acceptance of this arrangement by signing and each to have a copy.

What do you think ?

sharmela Jansari

18:48 PM, 3rd February 2015
About 4 years ago

Reply to the comment left by "Sam Addison" at "03/02/2015 - 17:03":

Thanks Sam, I did they just waffeld around it and said I should seek legal advice

sharmela Jansari

18:50 PM, 3rd February 2015
About 4 years ago

Reply to the comment left by "Mike Amapola" at "03/02/2015 - 18:22":

Sounds good to me....

Ray Davison

18:57 PM, 3rd February 2015
About 4 years ago

Reply to the comment left by "Mike Amapola" at "03/02/2015 - 18:22":

I'd like to think so and effectively that is what I have done in practice however the law is never that simple and rarely follows common sense so I do not think I was correct in doing so. The tenants notice ends the tenancy, that is a fact so you cannot just over-rule that at least I would not have thought so. I suppose the tenant could withdraw their notice but then again there could be many options and none of them may satisfy the legal process.

Dr Rosalind Beck

21:23 PM, 3rd February 2015
About 4 years ago

We have also often had tenants stay a bit longer and haven't had an issue with it. I haven't even thought about the tenancy and deposit issues... and they haven't been issues. I suppose I'm wondering why you have a funny feeling about it...
In terms of double rent, we've successfully implemented this, but this was with someone whom we wanted to leave as they had stopped paying their rent on time and had some arrears and then they emailed agreeing they would be gone by the end of the month, but then wouldn't give up possession for several months afterwards, leaving a few things in the house and not giving us the keys and refusing to say they'd left... We ended up getting double rent awarded for about the two and a half months they overstayed and got the whole lot back via an attachment of earnings.
Personally I wouldn't worry though until 16 February. They will probably go.

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