A Tenants had given notice to vacate a property and new Tenants had been ‘signed up’. The existing tenants had called the Landlord to say that their new property was delayed and they would not be vacating for another month.
The Tenants had given valid notice to quit and the Landlord is entitled to rely on it. However possession is nine points of the law and unless they do vacate, the only way to force them is to obtain a Court Order which will cost time and money.
We advised the Landlord that his first action was to gauge the new Tenant’s reaction. It was established that the new Tenant could delay, so the issue was resolved. However, the issue may have resulted in lost income to the Landlord. If the Tenant insists on staying, Section 18 – The Distress for Rents Act 1737 – provides recompense for this situation of “great inconvenience” by enabling the charging of double the rent for the period in question.
The key for a successful arrangement is to properly manage the relationship between Tenant and Landlord. Houses often fall through, especially new builds, and a discussion to manage potential problem areas may have made the situation easier to manage without legal recourse.
My team at Belvoir are dedicated to providing outstanding service to our Landlords. For more details, pop in for a chat and a cuppa, call me or check out our website at www.belvoir.co.uk/daventry
