Here is a blog clinic question from Sam (not his real name) who is a landlord
I am a landlord. My tenant has served me notice to leave. With 2 weeks to go for the notice the tenant has stated that they’d now like to cancel the leaving notice. I have said no.
The reasons are because, I have acknowledged the end of the tenancy in writing, I have advertised the property in question and I have found a new tenant to move in. The tenant has agreed to leave on the notice date.
My question is: If the tenant does not leave on the date confirmed. What should I do? Would I need to give notice, or could I start legal eviction proceedings to evict the tenant myself?
If the tenant has given you notice to quit then his tenancy has ended. If he remains in occupation beyond his notice date, then you will need to get a court order, but I can’t see how he can have any defence.
If he paid rent though you would need to be careful about accepting it (accept it as mesne profits only) otherwise you may create a new tenancy.
As he would no longer have a tenancy I suppose the proceedings used for trespassers would be the one to use.
Then there is this interesting possibility that you can charge double rent! See more in this blog post here.
If YOU have a problem, why not put it to the blog clinic? However there are a lot of questions submitted, so if you need an answer quickly remember that members of my Landlord Law service can ask me questions in the members forum area, and will normally get an answer with 24 hours.