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Unsyboo
26-09-2011, 20:50 PM
I hope someone can help me. I am a private landlord, I have rented out my
flat for a year and the contract has come to an end. The tenants give me
1 month notice that they wished to move out. Now, 2 weeks before the move out date they have decided they want to stay to the end of the month.
I have nicely said it was not possible as I was coming back that week to
rent out the flat and get it into order for the next yearly lease. I live out of the country so have organised a trip back to sort out.

They now stay that they are in their rights to stay.

What are my rights? Any advise would be great.

Una

theartfullodger
26-09-2011, 21:48 PM
What notices have you served on Tenant & how did Tenant serve notice on you?

mariner
26-09-2011, 23:02 PM
Since fixed term has ended, the T is now SPT and Ts are correct, but they must give 1 clear month notice ending at end of T period (normally day before next month rent payable) otherwise rent remains due for poss further month. If Ts will leave at end of month OK but OP may be best advised serving a s21a now in case they don't. Next let is on hold till OP gets repo.
Please answer theartullodgers questions.
also what date did T begin and was rent payable monthly? England?

Unsyboo
27-09-2011, 01:17 AM
Thanks for the advice.

The lease runs out on the 1O Oct then wrote to me on the 17th August to tell me they would be moving out on the 1st Oct and replied to say good luck and wish them all the best. Then on Friday I asked what time was good to come round to pick up the keys on the
1st. They wrote back and asked if they could say another month. I wrote back and said I was flying back landing on the 1st Oct to get the flat ready for the next Ts and therefore I couldn't extend. They then said they had the right to stay. Then also have not paid for last months rent.

Snorkerz
27-09-2011, 10:54 AM
They do have the right to stay in the property for as long as they like, indeed until you get a court order to evict them.

If they have given written notice, and they don't move out on the day stated, you can submit form N5 to the court immediately.

If they have not given written notice (and any deposit is protected in a government approved scheme) then you can give a minimum of 2 months notice under section 21 before commencing court proceedings with form N5b.

In this instance you could also serve 14 days notice under section 8 (ground 10)and then submit court form N5 (and N119). With the current amount of unpaid rent it is not certain that a judge would grant possession.

Any of the above that involves form N5 will require a court hearing, expect 4-6 weeks between submitting the form and the hearing.

Form N5B does not need a court hearing, so you should have a decision in around 4 weeks.

A court order from all of the above will give the tenant a minimum of 14 days to leave. If the tenant does not leave, you will need to organise court bailiffs - depending on the area/demand this can take another 6 weeks.

Of course, none of this may be necessary - they may leave on the date they say they are going to (as is their right) and the inconvenience to you may be minimal.

westminster
28-09-2011, 16:17 PM
The lease runs out on the 1O Oct then wrote to me on the 17th August to tell me they would be moving out on the 1st Oct
If you mean that the fixed term expires on 10th October 2011, then T cannot 'give notice' to end the tenancy earlier than fixed term expiry unless there's a break clause (is there?)

If there is no break clause then the T's 'notice' has no effect and he is fully entitled to remain in occupation. If he is still in occupation at fixed term expiry then a statutory periodic tenancy will arise, entitling T to remain in occupation.

If there is a break clause and T served notice under the break clause, then the tenancy ends at notice expiry and you would be entitled to treat the T as a trespasser and immediately apply for possession.

You say you live abroad and the T 'wrote to you'; have you given the T an address for serving notices in England/Wales under s.48 Landlord and Tenant Act 1987?

westminster
28-09-2011, 16:18 PM
If they have given written notice, and they don't move out on the day stated, you can submit form N5 to the court immediately.
Only if T has served notice under a break clause.

Snorkerz
28-09-2011, 20:08 PM
Only if T has served notice under a break clause.Touché, I hadn't noticed the difference between notice date and the end of the fixed term.