Tenant has asked to stay extra 2 weeks after contract expired

[mistymoo]

Hi everyone, please can someone advise me as this is playing on my mind! I have a tenant who was given his S21 and was due to move out on the 29/03/09 he then asked a week ago if he could stay an extra two weeks after contract ended so it would fall in with him possibly being relocated with work.
We have another prospective tenant all signed up and deposit paid ready to move into this room.
1. My concerns are what if he decides he does not want to move, due to work not relocating him and I have got this tenant lined up for his room.
2. Does his tenancy become a rolling ast so I then have to give him 2 months notice again.
3. Or am I better off asking him to leave on the 29th March.

He has alway paid his rent on time, but apart from this he is a very dirty tenant, who is very arrogant towards other fellow tenants in a multiple occupancy house. The house is maintained to a very high standard including furniture and he just basically leaves a mess behind him, goes around being sick down sinks and using towels as toilet paper! The other tenants are brilliant but may not renew their contracts if he is allowed to stay for a longer period of time after that 2 weeks ext.

I hope I have explained myself clearly,
Many thanks for reading this and comments appreciated
Cheers Misty

[justaboutsane]

It would take you longer to take him to court to evict him. I would hold fire on the court action beyond the two weeks. If after two weeks he is still there apply to court for possession. It may well be that he is trying to hold off any eviction proceedings, so accept the two weeks and start if he stays.

[mistymoo]

Hi thanks for the response, I will follow your advise, Cheers

[Lawcruncher]

1. My concerns are what if he decides he does not want to move, due to work not relocating him and I have got this tenant lined up for his room.

He does not have to leave. Your S.21 notice did not end the tenancy. You should never commit yourself to a new tenancy until the old one has come to an end and the tenant has left.


2. Does his tenancy become a rolling ast

Yes.


2...so I then have to give him 2 months notice again.

No.


3. Or am I better off asking him to leave on the 29th March.

You can ask, but he may not go.

[mistymoo]

Hi Lawcruncher, when I issued s21 the tenant told me he did not want to stay and did not want to renew his contract, which runs out on 29th March. Which was fine with me and we agreed I could show people his room and he would be moving out on the 29th, as far as I am concerned that is the end of the contract and tenancy.

Can I ask why issuing the s21 does not bring his contract to an end, it was given to him at the right time 2 months ago. Or am I missing something?

Also, although I have a new tenant lined up she has said she will take another room I have vacant, until he does leave ( it is just a slightly smaller room)

Can I ask by doing him a favour and letting him stay an extra 2 weeks it will backfire on me by becoming a rolling ast, I thought with a rolling ast you had to give tenant 2 months notice when you wanted them to leave and they only had to give you one months notice.

Also if his contract ends on the 29th and he will not leave, if I don't agree to the 2 extra weeks, and I start proceedings to evict what is the timescale of getting the tenant out ?

Sorry if it a bit jumbled but I have to be careful otherwise you will get an essay, http://www.landlordzone.co.uk/forums/images/smilies/smile.gif
Many thanks for your patience

[justaboutsane]

The section 21 tells the tenant that you do not want the AST to continue. If they stay you can issue court proceedings. Section 21 stands unless you issue a new AST. You have to go to court for possession.

[Lawcruncher]

Hi Lawcruncher, when I issued s21 the tenant told me etc

None of what you say changes the position. The tenant does not need your agreement to stay. If he is still in the property on 30th March he will have a periodic tenancy. The only way you can end it is to get a court order.

[mistymoo]

Cheers everyone for your quick replies, very helpful indeed. I also need to say this is a brilliant site, very helpful in all ways. Thanks again :)