Tenant gives notice then changes mind

[Mortitia]

I have tenants who have been with me 4 years and are reliable rent payers. Periodic tenancy. Deposit all protected.

They gave me a generous 2 months verbal notice that they were moving to a house with garden (they have 2 children) exiting on 17 October. I wrote to them confirming the arrangement. The tenant passes my office most afternoons and waves to me - so all was well.

Last night tenant calls me in a hysterical state wanting to stay for another month. The property they were moving to has an 'accidental landlord' - his mother died and he is renting out a poorly appointed old fashioned house which a friend of my tenants has been living in. The friend has been let down on 2 properties she was moving to (I don't know why) and my tenant sees a delay coming and says this lady is very disorganised. Additionally the 'accidental landlord' had promised my tenant to fit a new bathroom and and re-carpet - I'm sure he has no concept of how long this may take.

By now on my side the decorator is ordered and re-carpeting estimates are in.

To get this property let before the Christmas/New Year break will now be difficult. I have a loan on it and don't want voids.

How would you proceed?

[Grampa]

Hi Mortitia the way I see it is you have 2 choices, you either let them stay or hold them to the notice given.

If you let them stay as you say it could cost you due to the xmas period coming up though it isn't impossible to rent a property at this time of the year. If it was the 17th of Dec it could be worst but the 17th Nov isn't so bad if you can advertise in advance and do viewings but if the decorators are going in that brings it closer to xmas. Is it a option to put the decorating off or even after the new tenants have moved in. Not a ideal solution I agree.

Or put a condition on the present tenants staying the extra month by letting the decorators start before they vacate so the property is close to a condition to re let by the 17th Nov. Once again not a ideal solution.

If you have any new tenants lined up, can you delay the moving date? If so to protect your interest get a deposit and ast signed so they cant back out easily.

If you choose to enforce the notice period the question is how do you enforce.it as you cant just chuck them out. But saying that you can put pressure on them by letting them know you will be charging double rent under the Distress of rent act. If you need more info on this and how to go about it let me know.

[Carryon Regardless]

It seems to me the only way you can use legislation to repossess is by serving a notice. I can't think of a S8 clause that would fit but I'm not familiar with those, maybe Grampa can. With a S21 you know they can be there for 4 months + if they hold out.

All that sounds like more hassle than needed anyway I would have a chat with a view to signing up a new AST explaining that if it isn't them you were expecting it to be someone else, the distress of rents should help sway that one as a new AST voids any notice given. They stay in a house that's been fine for them for these years while a new kitchen and carpets are organised for their new home, better all round I'd say.

[Grampa]

I guess another option is for the newbie landlord to take the hit and his tenants to move in after xmas. Maybe Mortitia you could speak to this landlord direct to get a better idea of the situation and possibily lead him into a direction that works for everyone.

[Mortitia]

Thanks guys for those responses.

I plan to try and find out why the lady already in the house was let down and try to move things on from there + as Grampa suggested I intend to have a word with the 'accidental landlord'. More work but by moving my existing tenants on and re-furbing I can get another £100 pcm on my property but if I can get the current tenants to stay until Christmas that would work for me also

I could not see refurbing work going on with them in there - it is a massive 2 bed Edwardian maisonette (on 2 floors) and they have a lot of kit - in fact I can't see how they will get it all in a small 2 bed house.