Originally Posted by InstaSte
Unfortunately your only option is to kick them out, despite how logical their offer is, and how good a tenant they have been.
In the current anti-landlord climate this is the best advice the OP can receive. The current regulations have been crafted to be highly adversarial and the landlord cannot concede an inch or he/she will be in serious trouble.
Having a tenant 8 years is just very uneconomical with the current regulations (the law of unintended consequences of overregulation), if the 8 years have not expired the OP should also provide a second part-4 end notice (a Section 34(b) notice) for additional safety.
A tenant asking an extention of 12months after receiving an 8 months statutory notice is just taking the proverbial p.... OP should review that the notice has been served correctly (with statutory declaration attached) and prepare all the evidence to take the case to RTB when 8 months expire, in my opinion most long term tenants will understand only at the RTB when told by the adjudicator that the notice is valid and they have to get out.
If the OP goes to the RTB for overholding then he/she can negotiate the additional months as damage
for the overholding by providing receipts on how much not moving to the property will cost the OP. Only at such point can the OP perform some negotiation on extra stay vs damages payment since the adjudicator will review the paperwork and agree that what the OP is requesting is monetary damage for overholding and not additional rent
! And it absolutely should not be framed as a % of the current rent, but as a fixed value proved by receipts.