My tenant has failed to leave the property on the date specified, due to their new property not being ready. This has caused him to stay an extra three days in my property causing my plans to then be held back. What are the rules with this in regards to the deposit as they broke contract rules?
what plans have been held back?
If they have notice to quit and you acknowledged it - they should’ve been made to move on the date they were required, no matter what.
The tenant will have to pay an extra 3 days rent either upfront or through the deposit. If the original notice expired at the end of a rental period there is a possibility you could claim a complete month. I ![]()
If you can justify / prove that you have incurred costs as a result of their breach of agreement (ie not moving out as agreed), then you could claim from the deposit. You can also claim the missing 3 days rent.
Do not, as @christopher32 suggests ask them to pay an extra 3 days upfront, as accepting any rent after the scheduled move-out date, runs the risk of starting a new tenancy.
Deduct it from their deposit or collect it from them after they have moved out.
How would you make them move?
Failed to leave on the date specified by whom? If by them in a valid, written Notice to Quit, then you have a claim. If by you in a s8 or s21 notice, then their tenancy continues as your notice doesn’t end it, and they owe you nothing.
Most experienced landlords would realise that a tenant is not out till they are out.. To make plans as a landlord when a tenant says “i am moving into another place” ,you need to leave “space”
Good point @David122 . I had assumed the tenant had given notice to leave, but I may have been wrong to do so.
The tenants were given a section 21 which they agreed to leave by the specified date. They have failed to do this.
Assuming they have now left and you are only owed three days, personally, I wouldn’t bother doing anything and would simply be happy that I’ve got the property back. Because a S21 doesn’t end a tenancy, I’d never make plans that required such a tight turnover margin between them planning to leave and me planning to use the property. He has also had his plans “held back” through no fault of his own.
You’ve not yet answered Colin’s reasonable question about your plans or responded to Karl’s post where he supposes you have incurred costs. Have you?
Sometimes you can tell by the tone of a persons question and later answer that no matter what we say , they are entrenched, whether landlord or tenant. Usually such a person never replies back to answer us . We will wait and see
The check out clerk needed to be cancelled, I had wanted to do a thorough check of the property and any repairs etc to be completed before the next tenants move in. Which has not been possible as the previous tenant still has not left
No they have still not moved out and are continuing to be awkward and only providing potentially provisional dates.
The deposit is the least of your worries, if they don’t leave. You need to speak to an eviction specialist for guidance.
That said, try & flexible if you can. Your tenant likely only got 2m notice to find a new house. Try this yourself, and you will learn it is difficult, so if they are moving out soon, be flexible, and help them., It might save you lots in eviction costs if things turn sour.
This sounds like your tenant is aware that they don’t need to leave until they wish to or a court ends the tenancy. As has already been advised , it sounds like you may need to seek professional assistance in evicting your tenant and ending their tenancy.
Also highlights how the tenants can hide behind the law and landlords suffer
Then they’re telling you porkies and stringing you along. Get this in the court system asap. Use a specialist solicitor if you need to.
You could employ a solicitor to give you a letter before court action to show you are serious. This should describe the full penalties that they’ll end up with if they don’t leave. If they think they’ll find it hard to find alternative accommodation with one CCJ then just imagine what will happen to their chances if it comes to bailiffs.
You have failed to understand the law. Whether its due to awkwardness or having no alternative, then tenants are under no obligation to move until bailiffs remove them following a court order. Your s21 notice was simply a gateway to court action, not a notice ending the tenancy as you seem to have assumed.
I sympathise with your plight, but they’re in the same position as you, namely one of you has to find alternative accommodation until their next property is ready. Given that they already have possession, it might as well be you.
Explain to them they’ll be sued (and follow through). For any and all of my losses. If I have a year contract lined up that falls through, that’s what I’ll sue them for, and they’ll be told as much.