Forum OpenRent Landlord & Tenant Forum

I had misread the OP, and thought the ‘tenant had given notice to leave’, rather than the ‘Landlord issued the S8 for the tenant to leave’. … This is even worse. Existing tenant is even less likely to leave on/by 18/10/26. You are very likely to have a problem, and need to seriously consider getting out of the new contract, if / whilst you still can. The closer this gets to move-in date, the more your costs could be when you breach the contract, and have to cover the new tenants alternative accommodation costs.

(post deleted by author)

Susan89: Existing tenant given notice to expire 18/10/26. He is in 3 months rent arrears and section 8 notice been served. I’ve signed up a new tenant to start tenancy on 19/10/26. I’m concerned what to do with the new tenant if my existing tenant doesn’t hand over keys on 18/10/26 could anyone please offer advice. Thank you Tenancy doesn’t expire on 18/10. Tenancy ends only if old tenant gives notice, or chooses to move out by 18/10 or via a mutual surrender of the tenancy signed by them and you, or following application for possession, court granting it, and eviction by bailiffs which could be many months away. I would ask current tenant if they will be leaving by 18/10. If they haven’t already arranged somewhere tell new tenant you have to cancel because old tenant refuses to move. Good luck

@JJ1 I hear your frustration JJ1: Open rent does not contact the referees directly, or speak to them to properly understand the situation, and that is a major problem. As a compliance process or a background check you should call the refree . Not everything can be resolved through email alone. Sounds like you are trying telling OR how to do their job. Maybe you should set up in competition if you know better than them how to do compliance checks. good luck.

18 October isn’t when he has to leave. The date on a section 8 notice is just the earliest you can issue a possession claim, so if he’s still there on the 19th you’re only starting the court process, and from issue to bailiffs is months, not weeks. Ground 8 is mandatory, but he has to still owe three months’ rent at the hearing as well. If he pays some of it off, it falls away. Hopefully grounds 10 and 11 are on the notice too as a fallback. I’d tell the new tenant now and agree a later or flexible start in writing, rather than wait and hope. And don’t be tempted to change the locks.

I would be speaking with the new tenant and advising of the situation. Have they given notice themselves? Someone may be moving into their place. They need to be aware and you need to be acting responsibly. Try speaking with existing tenant, although I can’t imagine you will have much success, but worth a try. If no luck then you should consider negotiating surrender of tenancy with new tenant. The risk is too high. The chain effect of this could be really bad.

that is tricky always wait till old tenant has gone. You must be a new landlord. Life does not always go plan

Oh dear. Susan89: I’m concerned I’d be very concerned. You have potentially left yourself in a very awkward position. If the old tenant does not move out you might have an eviction process through the courts which could last for months. At the same time, you will be in breach of contract to your new tenant, and liable for their costs as a result. Even if all goes well, you have left yourself only one day to get the property sorted & ready between the old tenant leaving & new one arriving, and therefore you’ll have to rush cleaning, repairs, inventory etc. Wow, my only advice is to keep everything crossed, that your existing tenant moves out on time, leaves the house immaculate, and then you can waltz in, do an inventory & get your new tenant in on time the day later. You could try & speak to you old tenant now to check in on their plans. It might put your mind at rest, or give you more time to speak to your new tenant and agree / negotiate a surrender or change to their new tenancy.

Open rent does not contact the referees directly, or speak to them to properly understand the situation, and that is a major problem. As a compliance process or a background check you should call the refree . Not everything can be resolved through email alone. It feels like there are multiple people handling the case at OpenRent, with a different person responding each time, often without fully understanding the background or what has already been discussed. As a result, we keep going back to square one instead of actually resolving the issue. Rather than providing a clear solution or appropriate advice, OpenRent’s responses are becoming misleading and are creating further confusion. We need someone to take ownership of the case, properly review what has happened, and speak directly to the relevant parties where necessary so that this can finally be resolved.

That’s a fair point @David122 , to be honest. If the landlord’s written consent is needed, best to get that sorted before going any further with the advert. I’d also contact Rightmove and explain that the landlord is away until Monday, just to make sure the £70 and application stay valid until then.

my wife is not from UK so we can got to her country. the advice I give all my kids is to marry someone foreign from outside the UK and EU… the Chinese have a saying, “the cunning rabbit has three burrows”.

Existing tenant given notice to expire 18/10/26. He is in 3 months rent arrears and section 8 notice been served. I’ve signed up a new tenant to start tenancy on 19/10/26. I’m concerned what to do with the new tenant if my existing tenant doesn’t hand over keys on 18/10/26 could anyone please offer advice. Thank you