After End of Tenancy - Tenant wants to stay but doesn't want to pay !!

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Hi all

I would really appreciate some help. I apologise for the length of this post, but I've included as much relevant info as poss.:

An AST for one of my properties ENDED 3 DAYS AGO. I informed the tenant over two months ago, by letter, of my intention not to renew the tenancy agreement. After receiving my letter, the tenant was naturally unhappy about it, but appeared to accept it and since then had been searching for alternative accommodation.

On the day when he was supposed to check out, I got a text msg from him saying that he hadn't yet found another flat that he'd liked, therefore he wished to stay in my property for another month and I could collect the rent for this extra month from him that same night.

However, when I went to visit the property that night, he wasn't there and when I tried to reach him on the phone he didn't pick up.

The next day, I got a call from his gf, again explaining the problem of no new flat and that my tenant wishes to stay longer. BUT, he no longer wanted to pay any more rent and was demanding that I use his deposit to pay for the extended period.

Now, I am a fair person and they have been pretty good with the rent in the past, so, originally I was going to grant them permission to remain for one more month in order for them to find a new place, assuming they pay for the extended month and stay no longer than that.

As he has changed his mind in a short space of time, you can imagine, this has left me in a bind:
As already said, I only informed him by letter that he would have to leave at the end of the tenancy, so I didn't issue a Section 21 (1)(a) 2 months ago.

I'm concerned that because he keeps changing his mind and doesn't answer my calls, he will take advantage of my kindness and lumber me with expenses and bills. What if I let him stay and a month goes by and he's still not gone? On the other hand, if I let him use his deposit to pay for the extra month (even though it says not to in the contract), I'm sure to be left with all his bills and expenses after he leaves, right?

I can't trust him now (bcoz he kept changing his mind) and bcoz he doesn't want to pay any more rent.

Is a Section 21 (4)(a) my only option? If I issue it today, am I correct in assuming that it will expire in 3 months from today (3 days after the end of tenancy)?

Is there anything else I can do?? PLEASE HELP!!


11/06/2010 00:00

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