Mesne profits and original notice date.

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Nuisance tenant on Statutory periodic tenancy who would take months to evict gave 3 months email notice to leave at end of one of his monthly periods.Now needs to stay on another month and a week after that so beginning March instead of mid Jan.

As he has annoyed me,(I reserved leaving date in Jan for check out,day after for engineer check and booked carpet fitter etc.)
I have said to him we do not do short lets,we are not permitted to do them on the tenancy agreement in place and that if he stays on after the end of one of the periods this would not be charged as rent but as mesne profits at a daily rate of double rent.
I would much prefer he leaves the week before i.e. At the end of a tenancy period.

Am I within my rights to ask him to pay in this manner?

I assume I cannot force him to leave on the date his email of notice gave us originally as that would suit the tenant below him better and she will stay on if he leaves.,she has suffered from him regarding constant visitors and noisy sex above her room.(we have spoken to him but he says he is not noisy and tenant below won't deal direct with him)Or can I make him leave then?
When he leaves we are planning to put more insulation in, he has children visitors all day Saturday and Sunday which is very annoying.He was originally taken on as we gathered he would have no visitors, he misrepresented himself at viewing and our checks were not done as well as they should have been done.We all learn

29/12/2018 18:36

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