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Question

Landlord Wants Tenant to Leave (England) | Preventing Controlling and Recovering Rent Arrears (England)

Tenants who don’t leave and the additional rent they owe by the time of the court hearing

10 Feb 2018 | 2 comments

Hi, If a tenant is given notice and then does not leave, would he then owe further monthly rent payments in the months he stays (without permission) while the landlord is taking action through the courts to remove him?

ie: If, in the case of a Section 8 towards the end of the fixed term – the landlord takes him to court on Ground 8 (owing 2 months rent) – and if he does not leave and it takes a further 2 months until his court appearance, is he then considered by the court to owe 4 months rent on the day of his court appearance, even if two of those months were unauthorized stay and not part of the AST agreement?

Thanks

Answer

2 Comments

  1. guildy

    Where a landlord gives a section 21 or 8 notice, the tenancy continues throughout the whole process. As such, they remain “authorised” to reside and all usual rules apply (liable to pay rent, landlord carry out repairs).

    The tenancy only ends when the bailiff executes the court order.

  2. Jackson

    Thanks, I think a lot of tenants think they can stay ‘for free’ as long as they drag it out through the courts – it would be crazy to think that in the 3 or more months they are extending their stay without permission, they would also be allowed to live there rent free. Am I correct in assuming that the same rent ‘due date’ continues then so if the tenant were supposed to leave on the 22 of January but didn’t and the landlord took say 3 more months until the bailiff ends it then the tenant would owe another monthly payment on the 22 feb and the 22 march and the 22 april and then the landlord could do a moneyclaimonline to go after these if they are unpaid?

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