Tenant not paying for extension period

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    Tenant not paying for extension period

    Hi,

    We rented via an agency to a tenant on a 12 month contract. The tenant asked to leave early and we agreed to let them leave with a mutual break clause, the tenant gave two months notice. Shortly before the notice expired, the agent asked us to consider a short term extension as the tenant's new property wasn't yet available. We agreed to a short extension, which the tenant then changed again and we eventually agreed to a 9 day extension. We subsequently found out that the tenant had posted the keys through the agents letterbox 7 days before the end of the extension and 2 days after their original notice expired. Unfortunately we only found this out after the extension had ended, as our agent omitted to tell us.

    Our agent tells us that legally we can only claim an extra 2 days rent, rather than the 9 days requested and agreed with the tenant. Does anyone know if this is correct as I thought the extension would form part of the contract and the tenant should be liable to pay for the full extension period?

    Many thanks

    #2
    I wouldn't give the 2 days rent back, you had agreed both agreed to obtain possession or vacant possession in 9 days, how would the agent fell if you had turned around in day 4 and said I want my property back today..... they would have said you had agreed 9 days. Get the check-out inventory completed, and think about instructing a new agent if they want the 2 days rent back.

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      #3
      Fire the agent:

      Hold onto the money.
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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        #4
        Thank you for your responses and sorry I wasn't clear in my post, the tenant left in July, they didn't pay the invoice for the extension and only agreed to a two day deduction from their deposit.

        We disputed the remaining 7 days but have found out that our agent withdrew the disputed amount from the dispute process (without telling us) and is now claiming that the tenant could leave whenever they wanted within the extension period and only pay for the days they had use of the house.

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