UK Landlord Forum / Life

Last Friday 6th February our Rental Agents advised that our Tenants had served notice and would vacate our property on Saturday 14th March.  Today we have been advised that the Tenants have now written to say they will not be leaving the house until Saturday 4th April - Easter Bank Holiday weekend.  When we said we would give this extension some consideration the Agents say that unless we serve a Notice 21 today which would go to 14th April, then the Law is on the Tenants side. Rent is paid on the 15th of each month.

Should we serve a Notice 21 (surely this is something the Agents should do on our behalf at our request.)?  Just concerned that the Tenants in theory could keep stepping their departure date out and we have no control over the situation.  Reason for concern is we are trying to book contractors for replacement windows and a couple of other things before we get new Tenants.

Many thanks for your thoughts.

C.B.

Agent talking out of there bottom I think.  Once they've put notice in and accepted by you they have to leave I thought or they incur double rent.  Do some research, I had a quick look.

http://www.landlordlawblog.co.uk/2009/12/01/ancient-law-may-help-landlords/

Good morning,
Many thanks for your reply, I have spent some time researching on the Internet and understand the situation as follows.
Tenants gave notice and we accepted. One week later they now advise they will be staying a further 3 weeks.  I now understand this is called "holding over."  If we refuse to accept this situation then as Landlords under Section 18 of the Distress for Rent Act 1737 we could charge double rent for every day they "hold over."  Really not planning to go down that route, but interesting.
As they have an AST and pay monthly, our suggestion would be they could extend by one month, not 3 weeks and we would accept.  Is that a reasonable compromise?  We now have to change our plans for improvements before renting out again.
Our objection is quite simply we are not a Convenience and having had a previous Tenant who was served two months notice (not a Section 21), ignored it, and stayed for a further two months as her brand new Housing Assoication flat wasn't ready in time we don't want to be treated like this again.  We didn't issue a Section 21 - single woman with young child, "Vunerable."  Her thank you, leave it filthy, damage every wall, etc., etc....
Any thoughts/suggestions really welcome.
Thanks again
C.B.

To be fair, you shouldn't really expect people to leave after expiry of a Section 21 or even whatever your notice might have been (whatever it was, it doesn't sound like a legal document?)... notice is really that - notice that you require possession of the property back and you will go to Court to legally get it if they elect not to leave.

I always think compromise is the name of the game with this lark - you're dealing with people and their homes at the end of the day. To you, it's just an asset, an empty shell, a money maker... but, to the person leaving, it's the roof over their head, their security... yes, they shouldn't have submitted notice to you and then reneged on that. Silly Tenants. However, they have, it probably wasn't intended to slight you, it is 'cos something hasn't gone to plan at their end... you will be the bigger person if you are amenable to their request and you are supportive.

Tenants move on in life. I remember the first ever Tenants that left one of my properties... I could not help but think "why?", "what don't you like about my house?", "what don't you like about me?"... I was silly and naïve. Try to help your Tenants and try to get over the fact that you may need to rearrange some plans for improvements, it won't be the end of the world for you. Unless you have another Tenant ready to move in (which you don't mention) let them have whatever notice they want / need... and probably don't be tempted (as you say) by the double rent malarkey. 

Those are my thoughts / suggestions.

Quote from: C.B. on February 14, 2015, 08:59:00 AM
As they have an AST and pay monthly, our suggestion would be they could extend by one month, not 3 weeks and we would accept.  Is that a reasonable compromise? 

More than, you're not a hotel and you haven't been charging them weekly rent.  Point out the distress act to the agent to educate them and then tell them to tell the tenants is a months rent/notice or you'll be pushing for double rent for 3 week, a no brainer for them.

Or just accept that things changed and they want 3 extra weeks?

This maybe the extra time needed to clean all the carpets and walls!

Maybe, but highly bloody unlikely!