UK Landlord Forum / Life

Hi everyone

I have given notice to prevent the contract from being automatically extended after the first 6 months, the landlord has asked the agent to put the flat back to the market, first viewings are being arranged and I am looking intensely for the new place.

What happens if you have given notice and can't find a new place beyond the notice period? I can afford to pay rent in time but my primary concern is the costs the viewings and ad administration my incur.

Very worst case scenario, I can't find anything for another two months, then I find something, move there, the LL remains without income for a couple of week on which he blames me, so he takes a great part of the deposit as compensation for the two months of having the agency search for new client.

What are the regulations? There is no mention of that in our agreement.

Many thanks.

Strictly-speaking... but no doubt theoretical as a point of law (others may comment) if you overstay beyond your own notice (jeez!) and the Landlord doesn't give you permission then it could be considered that the tenancy has ended (obviously) and you are a trespasser (ouch) and the concept of mesne profits could rear its head... this could, theoretically, mean you are charged double rent for the period of unlawful occupation.

http://england.shelter.org.uk/legal/rents/introduction_to_rents/payments_after_tenancy_ends

I'd focus on getting a new place... more intensely than maybe you have been to date, then the problem never surfaces, no matter how theoretical it might be. I would communicate with your Landlord as well, that often helps.

Quote from: 12321 on October 30, 2018, 09:28:47 PM
I have given notice to prevent the contract from being automatically extended after the first 6 months

Are you on a fixed term tenancy? Or are you on a tenancy in an initial term that will go periodic contractually and you have served notice so that it won't?

If you are on a fixed term, your notice is meaningless. The fixed term will end when it ends by time, and whether a statutory periodic tenancy will arise depends on whether you're still in possession when the fixed term ends.

If you are on a periodic tenancy, contractual or otherwise, then a valid notice to quit by you will end the tenancy on expiry, and Hippogriff's comment on mesne profits at double amount of rent applies. Additionally, you would probably be liable to additional landlord's loss if they for example sign a new tenancy with someone else and the new tenant can't take up possession because you're still around.