What happens if I stay in my rented property after notice?

[Nearlyhomeless26]

I gave notice to vacate my rented property and my move out date is next Wednesday 8th July.

Unfortunately the property I was supposed to be moving into is not ready.

I have asked the letting agents if I could extend and stay longer however they have refused as they have a new tenant lined up.

I really wish I didn’t have to, but I’m considering just staying, I’ll carry on paying the rent etc, but I was wondering what happens in this scenario?

Will they come and force entry? If so when is that likely to be?

Is there anything else I should be aware of if I stay in my rented accommodation after the notice period?

ETA - I’m in England

If you don't move out on deadline day the LL has until July 31st to go to court for eviction order. This cost in region of £450. The LL can claim this cost back from you. You will be sent a notice to move out from court and given I think but not certain it's 2 weeks. Then if still not out LL goes back to court for baliff. A further fee. You will have to pay all of these fees as well as rent for time you stayed without contract. If you don't pay LL this money you'll get a CCJ. It will cost far more than an Airbnb.

Paying LL court fees will be far more expensive and if not paid OP faves a CCJ.

Please approach the Citizens Advice Bureau, they are usually great at advising you of the options. You are in a sticky situation but imo it's not worthwhile ruining your credit/ability to rent because of a v short term issue. I would move out and find an interim solution.

You haven't said whether you are on your own or with children. If alone renting a spare room can be a good, cheap option until the house is ready. I had to do this when I relocated as the property I was supposed to rent needed repairs when the previous tenant moved out (serious damage found) but I still needed to start my new job. I lived with an older couple which was lovely.

technically Section 18 of the Distress for Rent Act 1737 does apply to residential property but this ancient law is highly conditional and is rarely used for standard residential tenancies today, In modern residential tenancies, landlords usually rely on the Housing Act or the tenant’s agreement to claim "mesne profits" (compensation for use and occupation) at the normal rate, rather than attempting to double the rent under the 1737 Act.

Deeds Guarantors Witness Signatures Notice to Quit Possession and Double Rent | Guild of Residential Landlords

One has told you before, Andrew.
No, just no.

What is the delay with the new property via family

are they in it ?

is there really not any friends or family who you can stay with even on sofa

I would help a friend out

How would you feel if when you are ready to move into your new place you find there is someone already there because they didn't want to move out just yet? Not very happy I'm sure, so no, you can't just stay on in your current property.

I’ve been awake for five minutes and this is the second thread I’ve seen with incorrect legal information.

Please contact Shelter, as one person already advised.

Here is the link for England, change it if needed…

https://england.shelter.org.uk/get_help

I’ll probably get flamed for this but if you had no other option I’m sure you’d rather see yourself with a roof over your head than not. Even if it meant messing up someone else’s plans, and your own credit

Dear god! No one with a shred of decency would have this attitude. Selfish doesn’t begin to describe you OP.

This is probably the worst idea of all the options out there. You need to get ready to move and prepare for some short term pain, not sit and ruin your own life like this.

You can't afford an air b n b so how are you going to afford the court costs that are coming your way after this. Its an unbelievably shitty thing to do to someone

The family member you were going to rent from isn’t even answering the phone? This isn’t even close to a viable option, is it? It’s now not an option at all and you want to stall in the house until you find something else.

This is your issue, not your LL. Not sure why one poster said there will be no new tenant, have they seen the rental market?!

What you risk happening is the landlord (and possibly new tenants) turning up on the 8th and taking steps to make your life unpleasant. Whether such steps are fully legal or not, your tenancy has ended and you have no right to be there after the 8th. Why wouldn’t the landlord let her/himself in, say, and change the locks on the basis that someone is living in their property without contact or permission?

And?

This! Habeas corpus etc date from the Magna Carta and and still (just about, till Labour manage to get rid of those protecting) valid.
In Spain where squatting is rife due to lax laws, there is a team of people who will move into illegaly occupied residences to make life unpleasant until the squatters move out. So probably can find people like that here for a small fee, which the landlord would be no less morally justified in doing than what the OP is selfishly intending.

You can definitely rent a room for this money.

Also worth mentioning a lot of LL have insurance against things like this
the issue for OP is that insurance company would persue her with all the knowledge and legal skills of that company behind them to recover the cost involved

Just stay were you are. Nothing will happen for months. Do keep paying yr rent tho

If it's a family member, can you stay on their couch for a bit, or set up camp in the new place and offer help with whatever work needs to be done?

Exactly ! If she can afford to keep paying rent she could afford to stay somewhere else temporarily

There are LOADS of uni accommodation rooms around Salfords area for about £200/week - designed for summer stays (not just for students):

www.iqstudentaccommodation.com/summer as an examples, but just google!

Seriously I'd live in my car to avoid this. Or someone elses. Get your furniture in storage and get out.

Short-term you'll be good.
Long-term I don't get how you will manage paying the court costs in full, costs the landlord occurred in eviction, and potentially a fine, if you can't afford a B&B for a few nights.
Plus until you can afford to buy, you'll probably be paying for B&Bs every night, because landlords do do background checks and no one will rent to you again.

Presumably your new landlord agreed a moving in date? If so, they have at least a moral obligation to help you. Ask them if they can help eg do they have another property you can stay in temporarily - even a room in a house share? Do they have somewhere you can store your stuff? Can you move in while work in going on? As others have said, staying will mean a CCJ and you will never get a rented property again. I'm a landlord and if someone came to me who had done what you are proposing it would be a no.

Just seen it is a family member who has let you down. So you have plenty of leverage to get them to help you. Is the accommodation totally uninhabitable? Most people live in their homes whilst work is being done (eg I've lived in houses through new roof, re-wiring, plastering throughout, new bathroom and kitchen, decorating). If they let you off the first month's rent in return for causing this mess, then you could take a short term loan.