If tenant fails to leave after an agreed move out date

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  • DPT57
    replied
    If I were you I would claim for any damage/cleaning necessary and leave it at that.

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  • theartfullodger
    replied
    (Ex ...) Tenant doesn't have right to be there for inventory /photos if tenancy has ended.

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  • ash72
    replied
    The T legally has the right to the property until 11.59pm, in reality the T wants to move to their next property. I would never have done a check out at 12.30am!!! that's just crazy.

    If the property is empty, T's should be present during this so that you can make a note of what the condition is and then if your able to cost anything that needs doing, if not you would need to get back to them on that with quotes or go through arbitration if the T doesn't accept the issues raised in the check out. I've had T's who have been there and some where T's have left it up to me to do the inventory and send them the final remarks. On the whole I've had sensible T's and just gave them the deposit back even if things needed to be done. If they trashed the place then that would be another story (but I'm sure the deposit wouldn't have covered that anyway).

    If you are going to make a claim, ensure you get people to do it (not yourself) and add these invoices to your claim.

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  • freddycd15
    replied
    Hi all,

    To briefly update the situation, the tenant did vacate the flat and hand their keys to me but around 12:30am the next day (ie 30 past midnight). It was pretty bad for me waiting around.

    Flat was not left in a good state.

    I am considering what I can do regarding the late move out time. Any suggestions are welcome. I don't think I have anything in the contract about this. Might it be an enforceable clause to put in the contract?

    On the topic of inventory check out, do people here to it with the tenant? I always find it much easier and more thorough if I was to do it myself after the tenant has completed moved out.

    Thank you.

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  • ash72
    replied
    /
    Originally posted by freddycd15 View Post
    Effectively, tenant said they want to leave by date X via email, I replied saying that's okay.
    I would have replied back confirming that you accepted the move out date and and scheduled a time for this which includes the check-out inventory etc. And would have stated if things are still left which belongs to the T, then there would be a charge for these until collected. How long is there left until the T's are due to move out? Have you advertised the property, or do you need to do some works to it?

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  • DPT57
    replied
    Tenant would be a trespasser, not a squatter as they had permission to enter the property originally.

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  • freddycd15
    replied
    Effectively, tenant said they want to leave by date X via email, I replied saying that's okay. That's pretty much it. As mentioned, the email was sent in good time from tenant to notify me.

    How is this for a notice and acceptance?

    Thank you.

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  • theartfullodger
    replied
    Validity of tenants notice depends on exactly how it was both worded and served. As always with notices.

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  • freddycd15
    replied
    The tenant has not been very communicative so I get the feeling they are trying to be awkward with things. I have asked them to tell me what time they are leaving the flat and they have not responded. I'm just trying to understand what the situation is and what my options are.

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  • ash72
    replied
    Do you have a reason why you think the T wont be leaving the property?

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  • freddycd15
    replied
    Thanks jpkeates, the contract is a 12 month contract with possibility to break after the 6th month. Tenant gave notice after the 6th month so the notice is valid. Tenant said they would be out by a certain date and I agreed to it (all via email).

    However, after this agreed date, I thought the tenant becomes a squatter and not a trespasser given they were a tenant.

    Also, since there is a security deposit in place, is there anything claimable from this in terms of loss of rent during the squatting period?

    Thank you.

    Leave a comment:


  • jpkeates
    replied
    This is a bit complicated.
    The tenant can't actually give notice during a fixed term, and it will depend very much on what was "agreed".
    In theory if you agreed that the notice was valid, it would make it valid, but it very much depends on what was actually said.

    If the notice is valid, the tenancy ends when the notice expires and the tenant becomes a trespasser who is holding over.
    If you then accept rent again, a new tenancy is created.

    If the notice isn't valid, nothing has happened and the original AST is still in place.

    Leave a comment:


  • If tenant fails to leave after an agreed move out date

    Hi all,

    I would like to know where I stand in my situation.

    Tenant is on AST and gave notice to leave before the original tenancy end date and I was okay with it. The date was agreed by both parties.

    If when the last day comes and the tenant does not move out, or fails to vacate the property for whatever reason, does the tenancy go into a statutory periodic tenancy (AST doesn't specify otherwise), or does the original AST carry on until the end date on it.


    If it goes into statutory periodic tenancy

    Since tenant pays rent monthly, the periodic tenancy will be one month long.

    In this case, do I have the right to charge tenant for another month's rent? What are the tenant's right here to protest against this. What if the tenant moves out say, 2 days after the agreed upon final date. Do I charge for the extra 2 days only?

    If the original AST carries on until end date

    Does this mean that if the tenant wishes to vacate, a new notice would need to be given? Then I presume the terms of the AST will be in effect still.


    Thanks in advance!

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