My tenant of two years have me notice. Everything is fine. He is supposed to be leaving today. However. He has nowhere to go. What are my rights under the circumstances?
If his notice was valid or you accepted it anyway, his tenancy will end today. If you give him consent to remain you will create an undocumented new tenancy and be in breach of the Renters Rights Act. You have to treat him as a trespasser and ask him to leave or both agree in writing to withdraw the notice before midnight.
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He gave you notice even though he has no where to go??
If he has provided valid notice & you have accepted it, his tenancy ends today. I believe if you ‘allow’ him to stay, and/or accept any rent from him going forward, you will have created a new tenancy, which you must not do without issuing relevant paperwork! So, if you are happy for his to stay, then process this formally as a new tenancy, issuing necessary paperwork, doing Right to rent checks etc.
Seek immediate legal advice or speak to your Landlord Association.
At present, if he does not leave he is a trespasser, and you can charge him an amount equivalent to ‘double rent’. Its called mense profits, and must be charged in arrears, not in advance.
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