My ex partner and kids have been living in a rented house for 3 years on a
12 month renewable lease.
She is in the process of purchasing a house which was supposed to coincide with the termination of her lease on 1st Feb.
However the house she is buying is in a chain and there are delays, as a result she cannot move on the 1st Feb.
The landlord insists that she is out on the 1st of Feb.
What are her legal rights and what additional costs do you think the landlord could legally end up attributing to her if she refuses to leave until she is able?
A landlord and a prospective tenant who is all ready to move in on 1st Feb look as though they are in for a shock!
Presumably the landlord will go thorough the courts to (eventually) have them evicted. Meanwhile the council will be defending them in court, to ensure they cannot be evicted. When eventually they *are* evicted, the council will have to rehouse them.
It would be much better if she can find somewhere temporarily, but if she cannot then there isn't much anyone can do to make her leave. As for costs, the most the landlord can hope for is to get some rent, and in order to do that he'll have to agree to let her stay!
She has no problem paying the landlord his rent for the time that she is there.
However she cannot afford to move twice, once to temporary accomodation, simply to please a dogmatic landlord. Especially as he does not have anyone lined up to move in yet.
Isn't the situation different if the existing tenant has already given notice, presumably in writing, to the landlord that they will be vacating the premises in 1 to 2 weeks time?
If the tenant changes their mind at the last minute surely the landlord can recover any cost that may have arisen as a result of the existing tenants actions, the cost of advertising for a new tenant for instance?
If she has given the landlord notice of her intention to move out by that day, then she must do so or else will be liable to compensate the landlord for any loss arising from her delay. If there is a new tenant scheduled to move in that day, the landlord will be liable to that new tenant for the cost of temporary accommodation, and if they have their own furniture, storage. The landlord will be entiled to have these outlays reimbursed by the outgoing tenant.
It may be simpler if she simply moved into temp accom herself.
On the other hand, it would be a foolish landlord who'd have arranged such a quick back-to-back turnround. More likely he will have planned for some redocorating work. It may be possible to salvage the situation if the outgoing tenant and the decorators can co-exist for as long as it takes, but time may be limited in any case.
It was utterly daft to have relied on a chain not getting stuck. Never give your landlord notice until your purchase has reached the stage of irrevocability - i.e. exchange. It may be that this was the case, and the delays are only to completion. There will be clauses in the purchase contract to cover this, and will make the seller liable for the buyer's temporary accommodation costs.
This assumes an Assured Shorthold Tenancy (AST) with no notices given at the start of tenancy.
If she was the one who gave notice she should write canceling the notice, and keep paying the rent. Always best to communicate in writing and use registered post of get a certificate of sending when there's any kind of dispute or potential dispute.
If the landlord gave notice then it's he's responsibility to get a possession order and then a warrant of execution if she stays beyond the notice period, before the bailiffs can evict her. She can phone the clerk to the court for hearing timescales. It's unlikly to be less than 3 months, see . Her occupation only becomes illegal when the possession order comes into force. She is liable for the rent up to the point of eviction.
Legally tenants must give one rental period notice (ending on the last day of a rental period and landlords must give 2 months (if issued within a fixed period) or 2 rental periods (ending on the last day of a rental period, min 2 months, if issued outside of a fixed period) notice.
Let us know details if she needs more time and the landlord gave notice as they regularly get the dates wrong which gets the whole process chucked out at the possession hearing.
If the landlord has incurred marketing costs, or has signed a tenancy with a new tenant and has to pay compensation she may be liable for some or all of these costs.
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