Tenant gave notice then changed his mind?

Tenant gave notice then changed his mind?

10:07 AM, 25th January 2024, About 4 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

DPT

12:09 PM, 25th January 2024, About 4 months ago

If your tenants notice was valid, ie in writing unequivocal, giving a definite end date, at least a month in length, expiring at the end of a tenancy period or in line with the notice requirements of his contract OR if it was invalid but you formally accepted it in writing, then his tenancy WILL end and there is nothing either of you can do to prevent it.

When it ends he will become a tresspasser if he remains and you must treat him as such and not accept any more rent or you will likely create a new tenancy. You are entitled at this point to change the locks whilst he is out of the property, but there are some risks attached to this, so if you are considering it, take legal advice first.

Helen

12:14 PM, 25th January 2024, About 4 months ago

Reply to the comment left by Cider Drinker at 25/01/2024 - 08:58
I told him I was putting another tenant in but it isn't true. If I'd said I was selling no doubt he would have said that he could stay as selling would take some time. I'm not falling into that trap again. I lost a sale a month ago as a tenant promised to leave at the end of the S21 and didn't. The flat was ready to exchange and fell through.

Helen

12:16 PM, 25th January 2024, About 4 months ago

Reply to the comment left by Reluctant Landlord at 25/01/2024 - 09:31
I may have to but it is at least 6 months to bailiffs (I was quoted 20 weeks to get the bailiffs out) and I want to get things moving faster.

Helen

12:19 PM, 25th January 2024, About 4 months ago

Reply to the comment left by Robert M at 25/01/2024 - 10:16
Thank you. This is very useful. It might scare him into moving out but as we know even laws demanding extra rent (or even usual rent due) are hard to enforce and we rarely get the money back.

GlanACC

12:20 PM, 25th January 2024, About 4 months ago

Issue S21 and just leave him there until you can get the bailiffs to evict - do NOT try and increase the rent or this will be an implied new tenancy, accept any payments from him as MESNE profits and you wont have created a new tenancy. I am afraid thats how things go these days, too much power in the hands of tenants.

Jonathan Willis

12:21 PM, 25th January 2024, About 4 months ago

Since the tenant rather than the landlord has given notice, and you accepted it, then the tenancy is over, you are entitled to charge mensi profits whilst they stay (double rent) this is not rent!

As to regaining the property, you can skip s8 / s21 as there is no tenancy. But you'll still need a possession order from the court if they don't leave, but the fact they owe mensi profits might be enough to make them leave quickly.

GlanACC

13:32 PM, 25th January 2024, About 4 months ago

Reply to the comment left by Jonathan Willis at 25/01/2024 - 12:21
Wishful thinking, Unless the tenant was paying a market rent he will find moving a bit of a shock. I suspect (and hope not) that he will change from a good tenant to a bad tenant and stay put as long as he can.

SimonR

15:42 PM, 25th January 2024, About 4 months ago

There is no need to serve any notice of your own if your tenant doesn't leave following expiry of their notice. Once a tenant serves a legal notice this ends the tenancy and their right to live in the property on expiry of that notice. As soon as their chosen vacating dates passes just make a court application for possession. and as Jonathan Willis says you would be entitled to claim double rent for for every additional day they stay in the property.

Alison Walker

17:39 PM, 25th January 2024, About 4 months ago

Reply to the comment left by SimonR at 25/01/2024 - 15:42
Can you help, if 1 tenant of a joint tenancy gives notice & vacates by the date given would they still be held liable for the mesne profits if the other tenant doesn't leave?

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