New tenant can't move in- old one still there!

If as I suspect my old tenant I am trying to remove , doesn’t leave on Aug 29th, what on earth do I do with new tenant expecting to move in 2 days later ? Am I liable some how ?

So the situation is that you’ve got a current tenant who you think wont vacate the property. And you’ve got an agreement for a new tenant to move in after the current one is meant to leave. Yes?

It depends what the situation is with the current tenant. If you have taken all legal steps to remove them and the plainly refuse then there’s nothing more you can do.

You won’t be able to chargbe the new tenant any rent until they actually do move in though.

Yes exactly. 99% certain the old tenant won’t move. Am I legally liable for the new tenants not having anywhere to live even though it’s out of my control ? I wouldn’t be able to give them more than 2 days notice they couldn’t move in as agreed.

I’m worried.


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Like I said it depends on the situatio with the current tenant – did you serve a section 21? a section 8? Did you sign a deed of surrender?

On what basis are they moving out? If there is no legal basis for you to expect them to leave then you are not being dilligent.

No your fault of course and I have lots of sympathy if the tenant doesn’t leave when they should do. But you need to cover all the bases as a landlord these days.

Served them a section 8. Paid rent late last month. This month no rent at all so I have had to apply to get deposit back. I just have a hunch. She is being investigated by council so I don’t think they are going to help her out !

Not to put too fine a point on it, you will be in breach of your contract with your new tenant if they can not move in at the start of their tenancy. You should never sign a new tenancy agreement until you know you have vacant possession. I know this means you risk having a void, but there is nothing else you can do.

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