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Advice needed on tenants notice period

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Author Topic: Advice needed on tenants notice period  (Read 116 times)
Newbie
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« on: June 21, 2021, 09:31:08 PM »

Hello all,

I had given my tenant 6 months notice in April and he has given one month notice to end the tenancy himself.  He says he may need to stay an extra two weeks. He is being difficult in allowing access to the property.
Where do I stand legally? Any advice would be much appreciated.
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« Reply #1 on: June 21, 2021, 10:19:17 PM »

The Tenant's notice, once accepted, is binding. There no option to overstay. Unless you agree.
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« Reply #2 on: June 22, 2021, 12:09:13 AM »

Don't even need to have been accepted, if it was a valid notice to quit, it's binding once served.

Any agreement by the landlord to waive a tenant's notice to quit, however worded, is the grant of a new tenancy. i.e. If you agree, your 6 months notice (section 21?) will no longer be valid.
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« Reply #3 on: June 22, 2021, 10:12:20 AM »

So... is it also correct to say if the notice was valid... and whether or not formally accepted by the Landlord... if the Tenant then stays on past their own date, they actually become a trespasser... and, in that case, can the Landlord charge them double rent without there being any risk or implication of commencing a new tenancy?
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« Reply #4 on: June 22, 2021, 11:36:57 AM »

Yes, if the tenant serves a valid notice to quit and then fails to deliver up possession by the end of the tenancy, they are holding over and becomes liable to pay "double rent" per the Distress for Rent Act 1737.

Despite the phase "double rent" actually being used in the statute, personally I wouldn't use the word rent anywhere near just in case some judge decide to interpret that to mean the landlord have agreed a new tenancy. The mesne profits is chargable in arrears on a daily basis for the actual use and possession of the land, so in practice would be something the landlord have to sue for in court after the tenant-occupier left. Paraphrasing advice I've read elsewhere, by all means warn the tenant that they have to leave or else they may be liable for mesne profits for the use and occupation etc. but don't actually ask them for money once they are holding over to avoid any chance of it to be interpreted as demands for rent (under a new tenancy).
Newbie
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« Reply #5 on: June 22, 2021, 02:38:13 PM »

Thanks all for taking the time to reply.
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