Updating post from Reddit.
Our tenant has decided to leave our property and has given us notice. The agreed date of leave was today.
She has now sent a message asking to stay three extra days, despite having already communicated the end of tenancy to the gas/electricity/water suppliers.
She has not been a great tenant and we frankly are happy she is leaving but we don't want to kick her out if she only needs a few more days.
Are there any legal implications to letting a tenant stay past the end of the contract? Are we putting ourselves at risk?
Can we just tell her she can stay and we will charge £/day for the extra days?
Thank you for any help.
3 days turns into 3 weeks and into 3 months waiting on the court to remove them. I wouldnt.
I honestly would just say that it’s not possible as people will be coming in to do an end of tenancy inspection and new tenants will be moving in.
If she hasn’t organised herself to find somewhere to stay, that’s really her issue. You can’t be a not great tenant and then expect leniency at the end - clearly she hasn’t built up that trust.
You could open yourself up to a whole can of worms by letting someone stay in the property
She has another place to stay, which is why she wanted to move out.
The problem is that the flat is full of her stuff and she needs to return the keys.
I sent her an email to clarify that I am not ok with her staying and she should vacate the premises.
Why not just wait the 3 days and save the headache? It sounds like she's not finished packing so why cause both parties extra grief.
Yeah man damn, charge her 3 days rent and have some heart for Christ sake.
No wonder landlords get a bad rep.
Lol i assume you must be the tenant staying 3 extra days
I mean they’ll be paying, and it causes absolutely no issue to the landlord. Why would this be a bad thing?
God forbid helping someone out.
Not like she's had ages to sort it.
That sounds great and all, but you don’t actually have a choice here. Yes, you have legal options if she overstays without permission, but if it is only a couple of days, realistically it’s tough shit and she can stay there whether you like it or not.
Much better to tell her that you’ll charge the overstay at the statutory 2x rent, but provided she leaves on the agreed date, you’ll only charge the standard prorated rent.
If the tenant has given notice, then the tenancy is ended and remaining in the property they are now trespassing.
Accepting the situation, especially accepting rent, opens you up to the possibility of accidentally starting a new tenancy.
I would not put anything in writing, and certainly don't ask for any rent. If you can speak in person do so to indicate that you will be entering the property in 3 days time and expect her gone. Otherwise deal with it in 3 days time - that way you can argue that as far you were concerned the tenancy ended today and she should have left today.
r/confidentlyincorrect
Oh dear - a scan through your post history reveals someone who appears to be trying to collect downvotes on Reddit.
I simply block trolls.
OP here.
First, thanks all for the valuable input.
Unfortunately they have furniture and they claim they cannot vacate today because they won't be able to move everything out.
So I can't just say "tenancy has ended" as they still need to empty the flat.
The point about not accepting rent is very valuable, thanks again.
I will tell them that they tenancy has ended (per their request, I would stress) so we need the flat vacated immediately. Then probably follow u/RedPlasticDog 's advice and wait until Sunday to inspect the flat.
If it’s just stuff but the tenant herself can be out, you just handle it the same way you would an evicted tenant. No, you can’t extend the tenancy, however you’re happy to allow them to leave stuff there for a couple of days and will make yourself or someone else available to allow access for her to retrieve her belongings. Note that you won’t be able to charge rent for this.
Realistically, there’s no way for this to play out the way you really want it to, so you’re going to have to have a bit of give and take somewhere.
Inspect the flat yourself?
Good idea. Can you help them move the stuff, if it really is urgent for you?
“No sorry, this is not possible, the tenancy has ended and you will be trespassing to stay”
Maybe then turn a slightly blind eye for three days but don’t do anything to accept the situation as may find a new tenancy has started.
Did the same and was charged £200 for the extra 3 days.
Is that a pro-rata day rate based on your monthly rent?
About that amount for the 3 days pro rata compared to a month's rent.
A lot if unnecessary anxting going on here. Remember that this tenant has given notice of her own volition, she’s not been served an S21. So presumably she does indeed actually want to leave, and just needs a few more days to get her ducks lined up.
To everybody who says the OP should decline, what should the OP do if she says ‘well sorry I’m staying anyway”? Providing there’s no urgent need by the OP, just agree, stay amicable, charge her pro rata rent, and show that not all landlords have to be arseholes all of the time.
Incidentally, the risk attached to this arrangement is bourne by the tenant, because by staying a single day past the end of a tenancy period (a month?), she becomes liable to pay for another full period. I’d suggest the OP doesn’t enforce that.
This is the best advice.
Could be genuine issues, or she could “have issues” for “three” days every deadline and have “free” rent, the ball is in her court as i spect u haven’t started any legal works to remove them.
OP needs to quickly understand how one obtains possession where a tenant remains in occupation after the date specified in a notice. Familiarity with the Protection From Eviction Act 1977 is a must.
Just make sure you communicate with them and go round the day they finally vacate and take meter readings/pictures of meters
I wouldn’t . Ask her to leave on the agreed date and watch closely
I had a similar situation; after issuing an S21 the tenant asked to say a week longer and then argued that a new agreement had started and that another S21 with 2 months notice was their right.
It depends on notice period and you can say they have to leave but you can't force them.
Normally you would charge monthly rent x 12 ÷ 365 x extra days stayed
You have choices, because the tenant has given you notice.
You can charge double rent, but you need to give notice that you don’t agree to the overstay and its trespass and various other things, such as not accepting any rent. Should get them thinking about moving on quickly.
Suppose you it’s not stopping other tenants moving in?
Giving notice gives them an extra two months
About that amount for the 3 days pro rata.
This has disaster written all over it. Fingers crossed for you they do go. Why can't they move out for three days suddenly?
Good question.
She sent an email saying her partner was ill and could not help with the move.
Then her partner sent a message saying they are renting the van on Sunday.
Unfortunately this is an example of the very unclear communication which has characterized the tenancy.
For what is worth, I do believe they want to move out (they asked to waive the notice period so they could move out early).
How come you don't have another tenant wanting to move in?
It is a long story, which involves more annoying stuff from the tenant's side.
But the bottom line is that we want to redecorate the place and tidy it up a bit before letting it again.
Very sensible, too.
So many landlords get new tenants lined up back to back with the old ones, terrified of losing a few days’ rent. They leave zero time for any routine maintenance/decorating between tenancies, and are lining themselves up for a complete disaster if the outgoing tenant doesn’t quit exactly when they are supposed to. (Like now.)
I suspected as much.. sadly these things happen. Voids are painful though and hopefully you'll protect yourself a little better with the next tenants.
No!!! Will be the 3rd day and she’ll ask for another day then another day and before you know it, it’s been 2 weeks and it will be hard to get her out. If she was good trusted tenant then I’d say go ahead but you’ve made it clear you just want her out. Just say unfortunately that’s not possible as I have work men booked to come round a do a few bits or some rubbish like that