Tenant only gave 5 days notice

by Readers Question

14:37 PM, 8th April 2014
About 7 years ago

Tenant only gave 5 days notice

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Tenant only gave 5 days notice

I have just had my tenants move out of the property during a 2 month section 21 notice I served on them. It was due to expire on 3rd June. The tenancy ended on 3rd April, but they contacted me only 5 days before they decided to move out saying they would be going on 30th March. The rent was paid up to 15th April and they have asked for a refund of those 2 weeks.Tenant only gave 5 days notice

Does anyone know if legally I have to give it back to them?

I did not ask them to move out any earlier than 3rd June!

Thanks

Tracey

Comments

Romain Garcin

9:29 AM, 13th April 2014
About 7 years ago

A fixed term tenancy ends by itself at the expiry of the term.
There is no such thing as a notice to quit in that case: A notice by the tenant has no effect on the tenancy. Therefore, s.18 of the Distress for Rent Act 1737 does not apply.

Moreover, if the tenant stays on, a statutory periodic AST will be created as the fixed term tenancy did not end as a result of any "action on the part of the tenant" (s.5 of Housing Act 1988). Thus the tenant is still fully entitled to remain, with the same rent.

Industry Observer

17:02 PM, 13th April 2014
About 7 years ago

Of course Romain given your undoubted knowledge I wasn't going to state the bleedin' obvious!!!

The double rent only applies as a sanction to focus the tenant's mind if the tenant has given notice and does not vacate and the Landlord wants them to.

Lucy McKenna

15:20 PM, 10th May 2014
About 7 years ago

So much to try and make sense of. Industry Observer - what is a P1 please. I have always used a good agent and trust they understand all this, but next time I was considering using the Property 118 system and not using a high street agent, as my flats let so quickly and the agent has had 4 years commission because the same tenant has stayed this long,. So 4 years huge commission for just re issuing the tenancy agreement every year.

Lucy McKenna

15:57 PM, 10th May 2014
About 7 years ago

Is there a period we should wait before serving a section 8 for overdue rent? It is only a week late on a quarterly rent. Should we serve one as a precaution and can we take it back if there is an innocent reason. The tenant says they paid the money into the agents account over a week ago but the agent says it is not there.

Mark Alexander

17:15 PM, 10th May 2014
About 7 years ago

Reply to the comment left by "LS " at "10/05/2014 - 15:20":

PI is an abbreviation for Prescribed Information which is an important part of the documentation associated with Tenancy Deposit Protection.

Self management is not for the faint hearted. If you are intending to self manage please read this superb guide produced by my brother >>> http://www.property118.com/letting-property-best-practice/65384/

The alternative is this >>> http://www.property118.com/run-property-portfolio/64692/

Good luck, whichever option you choose 🙂
.

Mark Alexander

18:34 PM, 10th May 2014
About 7 years ago

Reply to the comment left by "LS " at "10/05/2014 - 15:57":

The agent should be dealing with this for you.
.

Lucy McKenna

20:15 PM, 10th May 2014
About 7 years ago

Reply to the comment left by "Mark Alexander" at "10/05/2014 - 18:34":

Thanks Mark, there are agents and agents and this particular one is not very good, they seem to only do what we tell them to do. We have always very successfully self managed because we build up a good relationship with the tenants and just use the agent to find the tenant, unfortunately this time they insisted on collecting the rent too. Thanks for the links.

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