Tenant gives notice by text and then changed their mind?

by Readers Question

12:16 PM, 8th February 2017
About 2 years ago

Tenant gives notice by text and then changed their mind?

Make Text Bigger
Tenant gives notice by text and then changed their mind?

A Tenant gave notice by text. I have promised the property to someone else. text

The tenant then changed their mind and doesn’t want to move out.

I would prefer it if they did move out.

What is my legal position?

Many thanks

Terry



Comments

Michael Barnes

20:58 PM, 10th February 2017
About 2 years ago

Too late now, but I always give my tenants a prepared letter for them to serve notice. All they have to do is put in the date for the end of the notice , sign, date and send it to me (and I keep electronic copy so when they try some other method of notice I can email/hand them a copy so I have a proper record).

Having said that, you could try pointing out that Section 18 of the Distress For Rent Act 1737 says if they don't go, then they have to pay double rent for every day they remain after the date agreed in their text. That may make them think again.

Freda Blogs

17:20 PM, 13th February 2017
About 2 years ago

I think the legal principle here is estoppel - may be worth checking with a solicitor before things go too far. You have received and have acted upon the 'notice' given, and if after relying on that notice the tenants now change their minds and you are disadvantaged and/or have incurred costs, that is inappropriate.

Definition:
A rule of law that when person A, by act or words, gives person B reason to believe a certain set of facts upon which person B takes action, person A cannot later, to his (or her) benefit, deny those facts or say that his (or her) earlier act was improper.

Roanch 21

10:51 AM, 15th February 2017
About 2 years ago

I have a similar situation. In my case the notice was in writing (pen and paper) and as they are on HB with their tenancy bonded by the council I forwarded it straight to my council. Near to the agreed leaving date they changed their mind about leaving and I told the council I needed to stick to the agreed leaving date. The Council was very uninterested. So he's still there and paying rent but I would prefer him to leave.

Who would be liable for double rent when the rent is paid in full by HB? The tenant who has no money (after paying for his holidays, gym membership, fags and booze) or the council?

1 2

Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Fantastic yields for 2 bedroom houses in Leeds

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More