It’s not often that a tenant receives an eviction notice to vacate yet fails to vacate on the scheduled day. It can, however, happen if your accommodation is still being built, or if it is due for renovation and the work takes longer than expected, or if the current renters require additional time at the property.
Although the new house we are moving to is not yet complete, we have already given written notice to vacate and have only two months to do so. The landlady has told us that we would not be able to stay after the date we gave her. Is it possible for us to stay in the house even if she does not want us to? What can she do to get us out, and what will the repercussions be?
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Tenants usually have to establish an arrangement with their landlord to stay an extra month paying their rent before they have to depart. Landlords usually don’t mind because it gives them more time to find a tenant and do thorough vetting procedures to ensure they are the proper fit.
If you’re facing eviction from a possession order, you may be dreading the day when your landlord arrives at your home with a sheriff’s officer in tow to evict you. People anticipating eviction frequently move out before being forcibly removed in anticipation of this scenario. You’ve done yourself a huge favour if you’ve done this.
Process of Eviction
What must happen in order for a tenant to be evicted by his landlord is governed by state law? Landlords who want to evict renters must, in general, give them plenty of written monthly notice. If you continue to live in your apartment after the notice expires, the landlord may take you to court to secure a judgment against you. At that time, your landlord may be able to change the locks on your apartment so you can no longer enter, or arrange for you to be escorted out by local law enforcement.
What You Didn’t Do
You avoid the landlord having to take legal action against you if you moved out after he provided you adequate written notice that he wanted you out. This means you won’t have to appear in front of a judge in court. It also implies your landlord won’t be able to get a judgment against you for seeking possession according to section 8 notice to leave the property.
Furthermore, if you move out before being forcibly removed, you will have the opportunity to take all of your stuff with you. Otherwise, according to the citizen’s advice, you must notify the landlord that you will be returning to reclaim your personal belongings.
Before agreeing to rent a property to a potential renter, landlords look into their rental history. Your rental history will be severely tarnished if you allowed your former landlord to take you to court by neglecting to move out when he requested you to. Potential landlords will be able to learn about your decision, which may discourage them from renting to you.
Once you’ve moved out, you can shield yourself from legal action by giving your landlord formal notice. Your notice can be as simple as a note mentioning the date you left. Make a duplicate for yourself and retain one for your records. Make a third copy to submit with the court if you are moving after the landlord has secured a judgment against you but before a sheriff’s deputy has come to warn you that you must vacate.
Is it possible for you to stay in your home after the move-out date?
Yes. The notice to quit is a legal document that establishes your desire to relocate. The purpose becomes reciprocal when the landlord accepts. When the notice period ends, the tenancy is not automatically ended. After mutual agreement, the tenancy terminates when you give the keys to the landlord.
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You remain the legal occupier of the property until that time comes, and your rights to privacy and exclusive control over your house are still in effect. The landlord is not allowed to enter the premises or enable anyone to enter without your permission. If you don’t leave, your landlord will most likely start the eviction process.
For periodic Assured Shorthold Tenancies, the eviction procedure is as follows:
Since 1989, just a few sorts of tenants have been shielded from eviction. Assured For modern private tenants, shorthold tenancies are the most common type of tenancy. It allows landlords the right to regain their property, but it also compels them to follow the law to the letter and follow a stringent procedure to properly evict renters. Illegal eviction is a crime, and landlords must carefully carry out each step to avoid potential repercussions. As you may be aware, eviction is a lengthy process, especially if the tenancy has not violated the provisions of the leasing agreement.
How to Make a Deal
• You don’t want to move out sooner since you need to arrange interim housing while your new home is being prepared.
• Your landlord does not want you to stay in the house after the notice period has expired according to section 21 notice or court order.
• You don’t want to push your landlord to evict you because that would almost certainly lead to problems in the future with your tenancy agreement.
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The best method to negotiate with them is to offer them a deal that makes business sense. Landlords are business people, and a solid business solution frequently triumphs over emotional feelings.
Since you’ll most likely only need an extra month, attempt to work out an extension with them for the time you’ll need it and a more substantial deposit contribution toward repairs and cleaning.
If you can locate a tenant who is willing to move in directly after you leave, that would be ideal. That way, the landlord will be able to secure a tenant and avoid empty months, which is something that every landlord seeks to avoid.
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That should make them more receptive to allowing you to stay longer, and it will prevent either side from going overboard.
If that doesn’t work, you can take a more forceful approach and remind your landlord how time-consuming and inconvenient a full-fledged eviction might be. The Tenants’ Voice does not condone extortion, but we also recognize that people cannot always reason with one another.