UK Landlord Forum / Life

Im letting a 3 bed house to a man with 3 dependent children I let it through an agent.. He has given notice and is obliged to leave on 4th September 2020. I have re-let the house to a couple, the lady eight and a half months pregnant, and with a young son and a daughter with MS. The contract is signed and they should move in on 6th September. The sitting tenant has announced that his move has fallen through and he will stay in the house until he gets another property. They are scarce at his budget and in this area. The young couple have given their notice and must move out on the 6th. Their flat is re-rented.

Where do I stand in relation to getting the tenant out on time?  This information came to light on the viewing I arranged, all parties at the moment, are positive, the couple are helping him find properties to look at, as I am, and he is apparently doing all he can to find another house. But at the death, what can I do? He is not being evicted, he has chosen to leave and many commitments have been made on the basis of h is information.

Just spoken to the agent. It looks as if I"M in deep trouble. The tenant has a right to withdraw his notice. The new tenants have a contract and have paid their deposit. They can sue for financial loss apparently. Although they too can withdraw their current notice. What a mess. I should not have re-let until the existing tenant had actually left. 

Quote from: shedloads on August 22, 2020, 02:41:18 PM
Just spoken to the agent. It looks as if I"M in deep trouble. The tenant has a right to withdraw his notice. The new tenants have a contract and have paid their deposit. They can sue for financial loss apparently. Although they too can withdraw their current notice.

Change your agent.

No, no the tenant cannot withdraw a valid notice to quit. (I'm assuming the tenant was [EDIT]NOT[/EDIT] giving you "notice" that they won't be staying beyond their fixed term tenancy, i.e. they're on some kind of periodic tenancy.)

Yes, the new tenant can sue you if you fail to provide possession of the property you agreed to let. You in turn can sue for the loss against your old tenant who failed to give up possession after giving notice to quit. Of course, how likely that tenant can pay any damages is a different question.

Again, no, see above on withdrawing notice.

Quote from: shedloads on August 22, 2020, 02:41:18 PM
I should not have re-let until the existing tenant had actually left.

Well, yes. Lesson learned I guess/hope.

It's not possible for you to evict at the moment, given the government have just extended the stay of all possession proceedings for another month. However, if the tenant do stays beyond their notice to quit, they are liable to be sued by you for mesne profits for use and occupation, which equal to double the amount of rent they were paying under the proceding tenancy. Mentioning that may encourage them to move out if at all possible. But again, whether they can actually afford to pay you any damages is a different question.

You can Google whether a Tenant can withdraw a valid and accepted notice - it's not supposed to be possible. However, in the real world, it doesn't help you if there's still someone there... obviously claiming they can change their mind and - seemingly - backed-up by your own Agent! Incredible! Look into stuff like mesne profits, trespass and Distress for Rent etc. - it touches on this kind of stuff... maybe it's all theoretical but I'm sure it's been used - even as an effective threat / persuasion tool... however, your problem is much more real... you have the situation where two sets of Tenants want a single property... and you can't find your way out... this is a stinker (for you and the incoming Tenants).

I hardly ever do viewings when Tenants are in situ, never mind arrange a move-in date... I try to avoid it... my business model caters for gaps... there's always stuff that needs doing anyway inbetween tenancies. Learn from this and you'll do well for yourself in the future. You can always push back on the right Tenants moving in.

This sounds like dominoes.

Your outgoing Tenant may not move, but he is supposed to as the property is let to the incoming Tenant.
Your incoming Tenant can also not move, they they are supposed to, as their property is let to an incoming Tenant...
And so on...

The cause of all this is your outgoing Tenant. I would try to educate them on the potential costs they may incur.