Please can someone advise me.
I am a very small-scale landlord who rents out her London flat at times. The current tenants signed an AST contract in November on the understanding that it would be 6 months - possibly more - but nothing in writing agreeing longer than 6 months.
I activated the break clause last week serving them with two months’ notice as per section 12.5 of the AST.
They are saying they want to stay a further two weeks as their daughter has an important exam and they are relocating to Spain so I’m making things impossibly difficult for them. I can’t extend as I need to move back on that date otherwise I will have nowhere to live myself! They’re threatening me with court proceedings saying I’m unfairly evicting them. They say they know their rights! Am I missing something???
I can see this situation becoming a problem. A tenant that knows their rights will probably not leave when you want them to. You will have to issue a section 21 to evict them and that can take the best part of a year. In future you would be better off letting your property on a short term let like Airbnb to guarantee getting your property back when you want it.
Thanks for your reply but I have followed the necessary legal process. They have mentioned the 1977 Infaur Eviction Act but I am not evicting them! I am activating the mutual break clause
you are not the first person with this problem. letting out for a few months and then finding out the tenants will not or cannot go. This always tricky , >Airbnb as above
Your notice does not end their tenancy and they can just ignore it. It would take you a year to evict them. You are trying to overplay your hand, to use a topical analogy and if you try to force them out it would indeed be an illegal eviction. You need to make alternative arrangements, such as a hotel for a while.
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As difficult as it might be, the tenants have asked for two weeks extra because of their child’s exams. That’s not really an unreasonable request in my opinion and you should do all you can to agree to their request, if nothing else to get them on side with moving out.
As others have said, renting short term on an AST is asking for trouble and you should definitely consider Airbnb in future but be mindful of all the regulations involved with that.
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Have you issued a Section 21 notice? If not, you have not activated anything yet.
If you have, then it’ll take you months & costs lots to force them to leave, so you might as well keep them on side, and agree to some flexibility.