Here is a question to the blog clinic from Jane who is a landlord
I was in arrears with my mortgage and it went to court for repossession however at the 12th hour I managed to come to an agreement with the mortgage company.
My tenant is very angry with me and gave me a months notice advising that she was moving out, her last day would be 27th November.
She was £200.00 in arrears and has refused to pay this months rent. I have covered this myself. My tenant is now advising that she has not found a property to rent and will not move out until she finds a place to live and it will be when it suits her. She is on a short term tenancy.
I have found new tenants who have been credit and referenced checked. where do I stand?
Answer
So far as getting the tenant out is concerned, if she fails to vacate voluntarily you can only evict her via the Court Bailiffs after getting a Court Order for possession.
This will take several months.
However if she has given you notice to quit, you may be entitled to charge double rent under the Distress for Rent Act 1737 s18. You can read all about this >> here.
So far as your new tenants are concerned, hopefully you have not signed a tenancy agreement with them as if you have they may have a claim against you for breach of contract.
You should always be VERY careful about signing up new tenants before the old ones have left.
As long as the notice is “valid”, as far as I know Jane is in her rights to go for section 18 of the Distress for Rent Act 1737. I myself was not aware and this is the first time I come across such information, but if the landlord does not want the “former” tenant – actions are a must. I am peculiar what date was this case filed? Where could keep a track on the outcome? The right of a double “rent” penalty sounds more than powerful and for what I’ve within the “Ancient law may help landlords” article it should be applicable.
Once again thank you for another portion of info.
Landlord law is vast!
KR
Charly
“You should always be VERY careful about signing up new tenants before the old ones have left.”
I.e. Don’t ever do it. It’s not worth the risk.
If the tenant refused to pay this month’s rent, one assumes the landlord sent a demand for rent. That means you are treating them as a tenant rather than a trespasser following notice and therefore Section 18 of the Distress for Rent Act would not apply.
We had exactly this situation recently and despite us doing everything right, i.e. acknowledging and accepting the notice in writing, treating them as a trespasser and not demanding rent, Painsmith advised us that it would be very risky trying to obtain a court order on these grounds.
As ever, this begs the detail that was deliberately left out. Like how much hassle you really caused the tenant and why they’re really so angry with you? And has this landlord showed the new tenants round while the existing tenant was out, or what? What possible move-in date did they give the new tenant I wonder. I do hope the existing tenant changes the locks asap, to stop you in your tracks.
When signing up new tenants in advance I do not sign the contract until I know the tenants are vacating and in my tenancy agreement there is a clause that states if the new tenancy is being signed whilst present tenants are in situ, then the new contract will not proceed unless they have vacated. It is my belief that the above protect two points protect us from any such problem in signing up a tenant in advance.