UK Landlord Forum / Life

On Tuesday 3rd September our tenant gives a months notice.
Today 6th September they withdraw their notice.
Is there any right or wrong ways of dealing with this.
Any advice greatly received.

Assuming periodic tenancy, if the tenant's notice was a valid notice to quit*, then it cannot legally be withdrawn. If the notice would had been valid other than it being too short, and the landlord have explicitly accepted the notice, then it cannot be withdrawn either.

In the above cases, any acceptance of withdrawn, waiver of the notice etc. would constitute the landlord granting the tenant a new tenancy from when the current tenancy ends according to the notice.

* In writing, at least 4 weeks or one complete period** of the tenancy whichever is longer, with an end date of the last day or the first day of a period of the tenancy (explicitly or with a saving formula).
** Generally speaking, based on how often rent is payable. Pay rent monthly, the period is one month.

What's your relationship with the tenant like? Have they elaborated on why they were leaving and why they've changed their mind in a matter of days?

Leaving aside the legal position for a moment, it'll be tricky to re-let if you've got someone in there who may or may not leave and may or may not be co-operative in the meantime.

Do you want your tenant to stay?

Relationship with the tenant as always been good.
The tenant is needing a bigger property as her daughter wants to move back home with I think baby and boyfriend as well.
She said the new property fell through as it was a scam where someone intercepted emails and took her deposit?

Quote from: Simon Pambin on September 06, 2019, 12:35:27 PM
What's your relationship with the tenant like? Have they elaborated on why they were leaving and why they've changed their mind in a matter of days?

Leaving aside the legal position for a moment, it'll be tricky to re-let if you've got someone in there who may or may not leave and may or may not be co-operative in the meantime.

If both landlord and tenant agree that the notice is withdrawn and that's OK, then you don't strictly need to take any action.  But I think that if it was me, then I would write a letter to my tenant confirming that the notice was nullified by agreement between the parties.

Quote from: Mortimer on September 06, 2019, 03:08:34 PM
Do you want your tenant to stay?

I have got new tenants who are not in a hurry to move in.
I would like the tenant to leave at some point . I would assume the daughter, baby and boyfriend might move in anyway and the original agreement was for herself and her son.

Like your first post, you don't give much away. This phrase "not in a hurry" is so cryptic, really... what does that mean? Are they friends or something? Aren't they required to serve notice etc.? If you would like the current Tenants to leave at some point it should be quite a simple thing to say - I accepted your formal notice and it's not withdrawable (I made that word up)... besides, I have made other arrangements. You could always serve a Section 21 too, I guess... but that falls onto you doing something and elongates the timescales - the chances of them sticking to their formal non-withdrawable (ooh!) one month notice are now negligible I assume? The Tenant has acted a little precipitously it seems... the risk it carries. You can certainly warn them about double-bubble rent... I doubt many people carry through with that... but it's been law since, oh... Robin Hood or something; King Arthur?

Quote from: Hippogriff on September 09, 2019, 07:45:03 AM
Like your first post, you don't give much away. This phrase "not in a hurry" is so cryptic, really... what does that mean? Are they friends or something? Aren't they required to serve notice etc.? If you would like the current Tenants to leave at some point it should be quite a simple thing to say - I accepted your formal notice and it's not withdrawable (I made that word up)... besides, I have made other arrangements. You could always serve a Section 21 too, I guess... but that falls onto you doing something and elongates the timescales - the chances of them sticking to their formal non-withdrawable (ooh!) one month notice are now negligible I assume? The Tenant has acted a little precipitously it seems... the risk it carries. You can certainly warn them about double-bubble rent... I doubt many people carry through with that... but it's been law since, oh... Robin Hood or something; King Arthur?

I apologise for being cryptic, I don't mean to be it's just how I write things I guess!!
I have been giving this situation some thought and like you say I have decided I wish for the tenant to leave. After a visit to the property it is not in a good state so the sooner they leave the better.
What would be the best response to give notice for her to vacate the property.
Thank you in advance.

I would write to them via whatever means you've established - email, letter, SMS, WhatsApp - and confirm you accepted their notice and their notice can't be withdrawn (the tenancy you guys have ends then) - be clear that this is not you making stuff up, it's the law... then make them aware that if they stay beyond their notice then they'd be in wrongful possession  (effectively they're trespassers, because there is no tenancy) and 2x rent is due... because you are due compensation, but you don't want to accept something as formal as rent (which would indicate you're OK that a tenancy exists - you need to be clear that one doesn't). That would, hopefully, focus their minds and efforts.

Show them this Shelter link - https://england.shelter.org.uk/legal/rents/introduction_to_rents/payments_after_tenancy_ends - Shelter often being "on the side" of the Tenants in their efforts... but the section entitled "Double rent" illustrates it nicely.

Have we confirmed that the original notice was in a valid format? It doesn't matter so much if all parties are happy to go ahead but if it's contentious then it becomes a problem.

Quote from: Simon Pambin on September 10, 2019, 09:33:03 AM
Have we confirmed that the original notice was in a valid format? It doesn't matter so much if all parties are happy to go ahead but if it's contentious then it becomes a problem.

The original notice was in a message.
Then the tenant withdrew her notice via a telephone conversation, but when I asked if she would confirm her instruction to withdraw via a message the tenant has not yet confirmed her notice to withdraw.

Quote from: Lou on September 11, 2019, 07:07:11 AM
The original notice was in a message.

Well, at least it's in writing.....  What does the tenancy agreement say about how notices may be effected?