Tenant vacated before the 2 months notice end

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    Tenant vacated before the 2 months notice end

    Hi
    I have a flat rented using a letting agent. We tried to negotiate a new contract with the tenant 2 months or so before end of the AST fixed term which was 11 July. The tenant didn't call the agent for a new contract and also they didn't give notice to vacate property. The agent told me it's best to give them section 21 notice to vacate. The agent sent the notice on the 16 May giving them 2 months notice to vacate on 18 July. Few weeks later, the letting agent called me saying tenant has called and want to vacate on 11 July and I arranged inventory check out accordingly.
    Tenant have paid rent up to 11 July. Am I entitled to the rent from 12 July to 18 July?

    To add, we had new tenant to move in, we set a date of 20 July, based on the 18 July notice, to give me 2 days to prepare flat. New tenant moved in on 20 July as planned.

    #2
    If the tenant's fixed term ended on 11th July and they moved out before midnight on 11th July, the tenancy ended on 11th July and the tenant's liability for rent ended at that point.

    The agent's advice to serve a section 21 notice sounds suspect, what on earth were they thinking?

    A section 21 notice doesn't end a tenancy and may even have persuaded your tenants to leave.
    If you served notice to expire on 18th July and accepted new tenants from 20th before they'd moved out, you may be one of the luckiest people alive right now.

    PS Your agent doesn't have a clue what they're doing.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Originally posted by jpkeates View Post
      If the tenant's fixed term ended on 11th July and they moved out before midnight on 11th July, the tenancy ended on 11th July and the tenant's liability for rent ended at that point.

      The agent's advice to serve a section 21 notice sounds suspect, what on earth were they thinking?

      A section 21 notice doesn't end a tenancy and may even have persuaded your tenants to leave.
      If you served notice to expire on 18th July and accepted new tenants from 20th before they'd moved out, you may be one of the luckiest people alive right now.

      PS Your agent doesn't have a clue what they're doing.
      The AST states:
      "If the tenant intends to vacate at the end of the fixed term or later they must give the landlord at least two clear months prior notice in writing"

      They didn't give notice and they didn't want to extend the contract. How is landlord supposed to evict the tenant?

      Comment


        #4
        Fire the agent. Either they are idiots of they are mendacious crooks.

        And the AST term is bull and is of no effect

        Comment


          #5
          Originally posted by jpkeates View Post


          If you served notice to expire on 18th July and accepted new tenants from 20th before they'd moved out, you may be one of the luckiest people alive right now.
          The agent found new tenant, got deposit and one month rent, AST was done BUT I refused to sign until tenant vacated the property, there was forward thinking in case they don't leave,

          Comment


            #6
            SORRY MY BAD:

            It was NOT section 21.
            It was 5 page form , 2 pages as below. What are they called? And what is the scenario regard rent 12 to 18 July?



            Attached Files

            Comment


              #7
              Originally posted by artin View Post
              The AST states:
              "If the tenant intends to vacate at the end of the fixed term or later they must give the landlord at least two clear months prior notice in writing"
              They didn't give notice and they didn't want to extend the contract.
              If the contract had a fixed term that ended, the tenancy ended when the fixed term expired.
              You offered them the contract and you chose to give them one that had an end date.
              When the end date came, the terms of the contract have no effect after that.

              How is landlord supposed to evict the tenant?
              Same way that every landlord is. You ask them to leave and then, if they don't, you go to court and ask for a possession order.

              Why on earth you served notice here, I have no idea.
              You had a decent rent paying tenant and you asked them to move out.
              You're a landlord, they were the kind of tenant's you want, the last thing you want is to move good tenants out.

              The agent found new tenant, got deposit and one month rent, AST was done BUT I refused to sign until tenant vacated the property, there was forward thinking in case they don't leave,
              OK, unless the contract explicitly said it wasn't valid until you signed, it would almost certainly have been agreed when the tenants accepted it (and certainly when they signed it).
              A landlord counter-signing a tenancy agreement is usually meaningless.

              Your agent could have seriously screwed you over.
              It can take 9 months to evict a tenant if things go well, and you could have been paying for the new tenants to live somewhere else if the first lot hadn't moved out.


              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Originally posted by artin View Post
                SORRY MY BAD:
                It was NOT section 21.
                It was 5 page form , 2 pages as below. What are they called? And what is the scenario regard rent 12 to 18 July?
                That is a section 21 notice.
                It says so in the text.

                You are not entitled to any rent between 12 and 18th July.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Originally posted by jpkeates View Post
                  The agent's advice to serve a section 21 notice sounds suspect, what on earth were they thinking?



                  PS Your agent doesn't have a clue what they're doing.
                  Sorry my fault, it wasn't section 21, it was a 5 page form as in my previous, will this change anything re rent from 12 to 18 July?

                  Comment


                    #10
                    I hire an estate agent who are renowned in the area with 3 branches and they are owned by a massive estate agent all over London with 70 offices....
                    And they don't know what they are doing?! What am I suppose to do?

                    Comment


                      #11
                      Originally posted by artin View Post
                      Sorry my fault, it wasn't section 21, it was a 5 page form as in my previous, will this change anything re rent from 12 to 18 July?
                      Form 6A is a section 21 notice.

                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #12
                        Originally posted by artin View Post
                        I hire an estate agent who are renowned in the area with 3 branches and they are owned by a massive estate agent all over London with 70 offices....
                        And they don't know what they are doing?! What am I suppose to do?
                        If they know what they're doing, they're not working for you.

                        Either find a better agent you can trust and/or do some landlord learning.
                        Or stop letting.

                        This does sound rude, and I'm not trying to be, but letting property is a business and you have to know what you're doing.
                        You wouldn't decide to open a restaurant without knowing anything about hygiene.
                        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                        Comment


                          #13
                          Originally posted by jpkeates View Post

                          Why on earth you served notice here, I have no idea.
                          You had a decent rent paying tenant and you asked them to move out.
                          You're a landlord, they were the kind of tenant's you want, the last thing you want is to move good tenants out.
                          The rent was too cheap, was rented during lockdown, new tenant is paying 25% more, that's London for you.

                          Plus property was a bit too crowded, I think more people living than suppose to be. Also they were too difficult to arrange repairs, a bit rude disrespect towards me which I don't tolerate.

                          Comment


                            #14
                            Originally posted by jpkeates View Post

                            .
                            Or stop letting.

                            This does sound rude, and I'm not trying to be, but letting property is a business and you have to know what you're doing.
                            You wouldn't decide to open a restaurant without knowing anything about hygiene.
                            No need for such language. I am no expert in letting so hiring professionals to let the property who are apart of huge well established well known estate agents, they are not a one man letting agent. You may say whatever you like about the letting agent but stop there, you don't know who you are speaking to, don't assume anything or insult someone you don't know.

                            Comment


                              #15
                              Originally posted by artin View Post
                              The rent was too cheap, was rented during lockdown, new tenant is paying 25% more, that's London for you.
                              When the tenancy is outside the fixed term, you can normally increase it (another form - Form 4 / section 13).

                              Plus property was a bit too crowded, I think more people living than suppose to be. Also they were too difficult to arrange repairs, a bit rude disrespect towards me which I don't tolerate.
                              That's fair enough.
                              Although people don't usually respect landlords (understandably) and you probably need to learn that.
                              You're not a superior being, you're a lucky person.

                              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                              Comment

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