We have a situation whereby our current tenants decided to bring forward their leave date by 3 weeks. They have sent their notice to vacate the property. A few weeks after they decided to change their plans and stay now. During this period we had put the property back on the market and started talking to potential tenants to move in shortly after the current tenants leave date. I wanted to ask if the “notice to vacate email” is legally binding and that they have to leave on their specified leave day or are they allowed to stay until their contract expires?
The notice if served correctly would be legally binding. Although, if your tenant decides to stay you would need to serve them a section 21 and get an eviction notice from the courts which would take a minimum of 6 months.
This type of thing happens all the time. It happened to me just a few months ago. Tenant gave me notice and I immediately contacted my decorator to paint the property as soon as the tenant was due to leave. A few weeks later the tenant changed their mind. I know a lot of landlords do it to minimise any void period but it can be risky to market a property before the tenant has left.
The tenant can’t just change their mind and decide to stay.
If notice is served correctly by the tenant and accepted by the Landlord that ends the tenancy. Any tenant not vacating will be trespassing and have no legal right to remain.
Also a ‘mesne’ charge may be applicable of double the rental amount for the period of time the now ex tenant ‘holds over’ and doesn’t surrender the property.
No money should be accepted in the form of "rent’ after the tenancy has ended.
As David79 says, if the tenants notice is valid, then their tenancy ends on expiry and they become tresspassers if they remain. In this case, you dont need to serve them notice, but can apply straight to the court for possession.
Do you want them to leave? If they have been good tenants, accept their change of mind, and enjoy having them as good paying reliable tenants going forward.