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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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We are a landlord of a property. We have a management

Customer Question

We are a landlord of a property.
We have a management company looking after the property as we are new to this.
We have a tenant who has been served notice to leave Friday 4th November and a new Tennant has signed up for a long rental period.
I had a call from the agent saying the existing tenant wants to stay another week.
We said we could not do that as wee need time to get the property ready for the new tenant.
The agent came back to me saying the tenant has sort legal advise and that they could make it difficult for us to get them out of the property on the agreed date if we do not agree another five days, which they said they would pay.
The existing tenant has moved his girlfriend , brother and two dogs in the property pf which we were not aware until last week.
Our New tenant is now very concerned that she and her family will be homeless if the old tenant will not leave.
I would like to know what rights have the existing tenant got to stay?
They sent an E mail to the agent saying they would leave the property in a good condition if we agree another five days which we do not want to do.
Our property is on a private estate and is very nice.
Can you help with any advice please.
Submitted: 8 months ago.
Category: Property Law
Expert:  Thomas replied 8 months ago.

Hi

Thanks for your question. I will try to help.

If the notice you have served is valid and the tenant does not leave, then you could not simply wait until they were out and then change the locks. You would have to apply to court for an order for possession to evict them, this is probably what they mean by saying that they could make it difficult for you because it can take a few weeks to get a court order.

However, if you had to apply for a court order then you could also apply for a money judgement against them for the additional rent for the period of time that they have stayed and also your direct losses resulting from them staying. I would make this point to them and state that you would certainly apply for a county court money judgement which would show on their credit file and make it extremely difficult for them to rent a property or get a mortgage offer in order to purchase the property.

I would also make the point in your letter to them that they are contractually obligated to leave the property in a good condition and if they do not then you will simply claim against their deposit and if the deposit is not enough then add whatever additional costs there are on to the amount you will sue them for. You should also state that you are aware they have already breached the tenancy by having occupant not permitted by the tenancy and that you reserve the right to recover losses in this respect as well.

If you have already signed a new tenancy agreement with the new tenant then this is the risk that you run if the current tenant become difficult. The new tenant could sue you for the loss they suffer (ie. the cost of accommodation from the period when their tenancy is stated to start to the date that they actually move in).

Hopefully a stern letter the tenant will scare them in to moving out on time.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 8 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 8 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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