SMF - Just Installed!

Tenant not left at the end of contract

Started by Jeremy9, February 10, 2021, 08:44:21 PM

Previous topic - Next topic

Jeremy9

Hi

Contract with tenant has been completed. In spite of all required notices were given correctly to tenant as required by law, tenant refuses to leave property. I am taking legal action to evict tenant. Can I also claim payment from tenant for the period tenant remains in property until evicted - as compensation for lost revenue from new tenants during the period when original tenant refused to leave property? If yes, what / how much can I claim? Can I claim payment equivalent to rent paid during latest contractual term?

Also how long does it take these days to gain possession. As I said all notices were given correctly and in a timely manner.

Would be very grateful for any views. Thank you.

KTC

Are you in England, Wales, Scotland, Northern Ireland, somewhere else in the world?

What do you mean by "all required notices"?

In England and Wales, the default residential tenancy being assured shorthold tenancy, which does not end by landlord's notice when it's periodic. If tenancy were fixed term, then by continuing to live there, a statutory periodic tenancy arose by automatic operation of law. Whether assured or not, given a residential tenancy, landlords in a tenancy are required to go to court to evict a tenant.

In short, chances are, there's still a tenancy, and hence rent. If there's truly no tenancy, then ex-tenant occupier would be liable for mesne profits equivalent to rent, but you would be well advised not to accept any payment during this period and only go for the money after eviction.

Hippogriff

On the face of it it at least sounds like you had new Tenants ready to move in as they others moved out? Is that reading correct? That's quite a dangerous game, because you'd really need to consider providing accommodation for the supposedly incoming Tenants as well... unless you obtained some agreement not to. No-one likes a void period... but it's the time to go in and do things that need doing. I now hardly ever commence viewings until I have a vacant property... the few times I tried to do viewings when people were in residence I didn't enjoy the experience at all... and it doesn't show a property off at its best. If you do not have Tenants in-waiting then you cannot claim money from the overstaying Tenants for that... but, of course, they still owe rent while in residence.

What is simply not clear is your claim that "all required notices" were given to the Tenant... what does that even mean? You (again, could be my reading) seem to be operating under an assumption that a tenancy runs for the fixed term only... and that a statutory periodic tenancy may not automatically arise (still the same tenancy) after the fixed term comes to an end. But that's exactly how it works. It's quite rare, for me at least, that a Tenant leaves automatically at the "end of a contract"... it's usually only true of students... real people have different timelines that drive what they need to do.

Jeremy9

Thank you HIPPOGRIF and KTC for the insights, much appreciate Stef.

To clarify:
- it's an AST
- next tenants have never been lined up; they would have been had present occupier left at the end of the contractual period as per rental agreement
- 'all required notices': the 6 month government imposed 'Covid triggered' notice (is it section 21 - not sure) was given, it expired on contract end date.

Eviction court proceedings seem to be the only option. How long would it normally take for the case to be heard these days? The property is in Herts. None of the local agents would have a guess as they weren't aware of a situation of a similar to mine (which, although encouraging, seems to me to be unlikely based on instances one hears of non paying tenants these days)

Hippogriff

Is there a compelling reason you want to proceed to eviction?

I mean... the Tenant has stayed on, we understand that... but is the relationship fractious, or are they now (or ever) not paying the rent? What I'm trying to get to is whether there is a way to do this amicably? It seems like you want shot of this particular Tenant, but will then re-let the property to someone else... the reason for wanting to evict this particular Tenant can't be just that the AST fixed term has come to an end, right? It must be something more. The Tenant who overstays generally refuses to leave, and a SPT arises automatically, because either a) they just want to stay or b) they have nowhere to go.

What are we looking at here?

For example... if the Tenant knows you want them out... and the Tenant is still paying the rent... and the Tenant is generally looking after the property... could there be a case for keeping your powder dry on the legal front and let the Tenant depart of their own accord?

Obviously there's two and conditions that might not be answered positively there.

Your expectations for eviction should be targeted towards months... and despite national legislation there could be more local influences, as to backlogs etc.. I don't think anyone can advise you on that front. So, again, what is the pressing reason for moving ahead with an eviction?

Jeremy9

Hi in reply to your question:

The tenant last paid rent in August 2020. He hasn't paid a penny since. He says he doesn't have the funds (he drives two top of the range expensive SUVs though) and also that he has nowhere to go. Although I know his mother in law has a large house and as she lives on her own can easily accommodate his family. At some point he had mentioned the possibility of moving to his mother in law's house.

This is my only source of income. Things are now getting very tricky for me financially.