Where do i stand on this

[scoobypete]

Hi all

I rented my property out through a well known lettings agency 6 months ago with the intention of travelling round Europe for one year.

Unfortunately due to a family illness we had to return sooner than expected,i informed the letting agents of this at the end of the 6 months and stated i would like to give my tenants the two months notice to leave as stated in the contract which means effectively they should leave the property by the 14th of June 2013.

A few days later i received an email from the letting agents stating that the tenants had found another property that was willing to accept their dog but the landlord wished them to move in as soon as possible and would i mind if they moved out on the 14th of may 2013 which is where they had paid up until.

I replied that that wouldn't be a problem and would work out better for myself so please go ahead.

I then set about making arrangements for myself to return to work on the 16th of may,2 days after they had said they wished to move out as i knew i would be back in my property by then.

A week later i received an email from the letting agents stating that they had made a mistake and the tenants do not wish to move out on the 14th of may as previously stated as their house has fallen through and that they will now be staying until the 14th June as per the notice......

The letting agents are now stating that i don't have a leg to stand on despite admitting it was their mistake and that i just have to accept this and wait until the tenants move out on the 14th of June if nowhere can be found before which is leaving me with the prospect of a 220 mile round trip a day to work from where i am currently having to stay until my house becomes available again.

Surely i must have some say in this? it is my house after all and i am paying them quite a lot of money to act on my behalf??

Thanks in advance for info received

Pete.

[Grampa]

Hear are my thoughts:

1 The tenants are intitled to two months notice. (via a section 21 notice)

2 If they dont move out after the 2 months you have to get a court order.

4 If the agent knew you had made arrangments to move back in (on the earlier date) they should have got a notice to quit for the earlier date signed by the tenants

If you have a signed notice to quit for the earlier date the agent should be formally informing the tenant that if they fail to vacate they must pay an amount equivalent to double the rent as mesne profits as per Section18 of the Distress for Rent Act 1737. This will be a daily rate of £xxxxxx.

Though this is a old law I know of it being used in the last few years with success. Your agent should be aware of it.

Now this may or may not make the tenant leave on the earlier agreed date but it will put pressure on them to do so and if not you could chase through the small claims court.