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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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Hi, My tenant gave 1 months notice to terminate her tenancy

Customer Question

Hi,

My tenant gave 1 months notice to terminate her tenancy (last day should be 16 Feb), which was good news as she has been a nightmare, got into arrears and we had to go to the local authority to get Direct Payments to Landlords. We marketed the property through a letting agent, and on 21st February a new family are due to move in. However, our current tenant has thrown a spanner in the works by emailing me on Monday, saying she is retracting her notice ! We don't want her to stay on, as we have a family due to move in next week.What our rights in this situation please ?

Many thanks,
David B
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

I'm really sorry but its not good news. Unfortunately the law is heavily biased in favour of tenants.

There is always a debate over whether or not notice can be 'retracted'. However, its a pointless legal argument that won't assist you. Its just as quick to serve your own notices and thats not something that could be described as quick.

If she is no longer on an AST then you can serve a S21 notice at any time giving two months notice. Also, there might be S8 issues here from what you say.

The notice for S8 breaches is far reduced from S21 but you can claim accelerated possession under S21 which is quicker long term.

You should still serve a S8 notice because if she is evicted on that basis then she will struggle to get rehoused so she has an interest in paying off your arrears.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo

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