SMF - Just Installed!

What Happens when a tenant's notice to leave has been breached?

Started by Gigas, June 30, 2024, 11:46:18 AM

Previous topic - Next topic


Hi all,

I have a tenant leaving my property today. They have given a signed notice a month ago as per the contract. I have a new tenant lined up to start occupancy next week.

As I can see the leaving tenant having trouble, what are my rights if they do not leave today or they stay past the new tenancy start date (as obviously the new tenant to be, would have given their own notice as well and can get really complicated...)

Also to this, I very much doubt the vecating tenant would leave the property empty and clean as they found it when they moved in (unfurnished), as a note to this I have taken pictures prior their start with a time stanp app, and I do have a long report for end of tenancy to fill in in the end assisted with time stamp photos.

As an add on they have not paid they rent for half a month, which I hope is fair with a signed declaration on both sides to deduct from deposit.

Any advise and what to look for, would be greatly appreciated, especially if they can't vecate as agreed.

Thank You


It's not going to help right now, but I never even advertised a property until it was empty and I'd sorted out any port tenant issues. You can get in a real mess otherwise.

If the tenant gave you valid notice, when it expires, the tenancy ends. And then they're essentially trespassing, which means two things. One is that they owe you compensation when they finally move out and you can take legal action to recover possession immediately (tomorrow).

The incoming new tenant will have a claim against you from the start date of their tenancy agreement, any losses that they incur as a result that are reasonably predictable can be the subject of a compensation claim.

My initial focus would be on seeing if you can help them move out and check that the notice that they gave was valid (a one month notice is rarely valid for a tenant, unless you have formally accepted it).


Thanks for the fast response jpkeaters.

Ideally I know he is leaving from March verbally and I requested for him to give me a written notice which I have in my possession signed by them.

If I have a formal acceptance in my possession but they declare that they don't (as he may see this beneficial), can I still apply tresspassing tomorrow? I mean it all seemed well and smooth, but seems it will be complicated as already today declared that they will be delayed further after advising 5pm for my visit.


The tenant should be aware that the compensation for holding over is set at twice the rate of rent (don't call it rent under any circumstances it's called mesne profits).

Alternatively, you could try and sue them for your additional costs because of their failure to move out as agreed.

But, yes, you can take legal action tomorrow. If they served notice, they are going to find it hard to defend on the basis that you didn't accept it. They'd have to be as picky as me to know there was an issue.


All went well in the end, the tenant vecated with clear house. Mutually agreed the remainder from the rent and cleaning, with signed report from both sides with details of the agreed settlement.

Thank you for the help.



A prime example of worrying about, and preparing for, something that hasn't happened yet combined with proactively wasting people's time.

The idiot's double-whammy encapsulated for all to observe.

I'm glad I only read it today and didn't get lured-in (although I have now as I'm shaking my head).

All went well in the end.