Tenant gave notice then changed his mind?

Tenant gave notice then changed his mind?

by Readers Question

Guest Author

10:07 AM, 25th January 2024, About 5 months ago 32

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Hello, I am selling all my properties and planned to send the S21 to the tenant of the ‘next in line’ in early January as my mortgage fixed term ends in October. On the day I was going to start the process I was very happy to receive Notice from him, of 6 weeks (which he had negotiated some time ago.)

He is due to leave on 15th February. I was due to pop over today to have a quick look to see what decorating I might need to do before the sales photos and he replied telling me not to come as he ‘might not leave.’

I told him it wasn’t an option as I had a new person already in line to move in. He reluctantly agreed.

I went over and he was begging me to allow him to stay for another 5 months or so (reason on request) but I refused. He hasn’t found a place yet.

What happens if he doesn’t show signs of moving out on 15th Feb? What legal rights do I have as he gave written notice?

Thank you,

Helen


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Comments

Cider Drinker

8:58 AM, 25th January 2024, About 5 months ago

You can serve notice via Section 21 and then seek a possession order through the courts.

Why are putting another tenant in if you plan to sell?

Reluctant Landlord

9:31 AM, 25th January 2024, About 5 months ago

S21 pronto!

Peter Gulline

10:09 AM, 25th January 2024, About 5 months ago

Reply to the comment left by Cider Drinker at 25/01/2024 - 08:58
sure that will be a passing comment so the existing tenant knows he cannot stay.

Robert M

10:16 AM, 25th January 2024, About 5 months ago

I believe that Section 18 of the Distress For Rent Act 1737 is still valid law (check with your solicitor) and provides you with a remedy for this situation (by way of "double rent" from the tenant). If you (or better still your solicitor) write to the tenant advising them of this remedy, and how it would affect them, I'm sure that they will more than double their efforts to move out before the end of their notice period.

You may also wish to consider serving a s21 Notice as well, and/or a s8 Notice (ground 8) if applicable.

Mark Smith

10:44 AM, 25th January 2024, About 5 months ago

First of all check you have retained copy of the written notice given to you .
Then you can inform the tenant they have given notice and must leave - and that in accordance with law they will be liable to pay double rent for every day they overstay (calculated on daily basis) - and if not paid you will recover it though the courts.
Once the end of the tenancy arrives on 15 Feb you can apply to your local county court for a possession order if they do not leave.
I think it is unwise as some have suggested to issue a section 23 or other notice as this could negate their notice period - and allow the tenant to use section 23 technicalities and appeals to avoid.
leaving
The tenant has already given notice so you don't have to now give a later notice - it would be unwise to confuse this with another later date!

Of course you if you wish relent your plan to sell and offer a new tenancy agreement to your tenant (at an appropriate new rent ) - but that is now your choice.

GlanACC

10:48 AM, 25th January 2024, About 5 months ago

If the tenant pays you 'rent' after he should have moved out you must record this as MESNE profits.

robert fisher

10:52 AM, 25th January 2024, About 5 months ago

if you are selling due to your mortgage coming out of its deal in October i would allow the tenant time to find somewhere else , even 5 months only takes you to June, in the meantime issue a section 8 or a section 21 . its always better to be non combative and open lines of communication.

Dylan Morris

10:57 AM, 25th January 2024, About 5 months ago

Reply to the comment left by robert fisher at 25/01/2024 - 10:52
Sorry I don’t understand what would the grounds be for issuing a Section 8 ?
I’d just issue a Section 21 and give him two months notice as was your original intention.

GlanACC

11:02 AM, 25th January 2024, About 5 months ago

Reply to the comment left by Dylan Morris at 25/01/2024 - 10:57
Agreed, I think you would struggle to find a gound 8 that applies. S21 is the way to go

Simon F

11:30 AM, 25th January 2024, About 5 months ago

Reply to the comment left by Robert M at 25/01/2024 - 10:16
This would be my first approach too.

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