Anyone had situation where tenant gave notice and don't vacate and now also have problem with new tenants not being able to move-in

Landlord Discussion Legal
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Anyone had situation where tenant gave notice and don’t vacate and now also have problem with new tenants not being able to move-in?

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no . because I wait till old tenants DO move out before I sign up anyone else

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that means a potential loss of rental income of one to two months. I have not had this problem in 15 years.

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There you go .I have not had that problem in 45 years. Have you signed a move in contract date with new tenants?

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yes. causing issues for me and new tenant.

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@Kit4 well you may at least be able to tell current tenant you will be charging double daily rate till they leave to encourage then to leave asap. Send them the text from Shelter’s webpage

"In the event that a tenant remains in occupation as a trespasser after the valid notice to quit they served takes effect, the landlord can claim ‘double rent’ (in the form of mesne profits or damages for use and occupation) for the period the former tenant remains in occupation.[5]

This will apply where a joint tenant has unilaterally ended the joint tenancy by serving a valid notice to quit and the other tenant stays in the property.

The landlord can only claim double rent if they do not give the former tenant permission to remain and treats the former tenant as a trespasser.[6]"

You may be best mutually agreeing to surrender the tenancy agreed with new tenants if you can

Best

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sound advice. just not sure how to go about it.

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Colin is right. Its better to lose a week or two’s rent than to be sued for breach of contract, which is what youre now facing.

The existing tenant is now a trespasser and you can apply to court immediately for a possession order. You cant charge rent now or you’ll be in real trouble. However, you can make a daily charge at a rate of double the old rent until they move out. Its called mesne profits and you must draw the distinction with the tenant and Bill it in arrears. You must also relate to the tenant as a trespasser at all times and not agree any extension. Get some advice from a landlord association if youre not sure.

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@Kit4

talk to the new tenants explain you don’t want to keep them hanging, you cant tell how long current tenant will stick around and you propose that you get Openrent to return the 1st month deposit and security deposit in full so they can find somewhere else. And if they agree then you get OR to do that stuff and end the tenancy. Explain that although you’ll be out of pocket it’s probably best for them as well as you.

Don’t even mention that they can sue for damages due to breach of contract…

Good luck

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What reason have the current tenants given for not moving out?

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he cannot find a place to go

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Thanks David240. i speak to openrent tomorrow.

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@Kit4 so could be there a long time. Def cancel.the contract with the new tenants if you can. Consider if you wanted current tenant to leave - and if new ones cancel and you were happy with current tenant consider offering him a new deal if he was interested

Good luck

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thanks David122. I speak with legal for landords tomorrow.

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