Can I charge T one month's rent for delay in vacating?

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    Can I charge T one month's rent for delay in vacating?

    The 6 month AST for my property ended on 10th September. It was a company let.

    A few weeks before the tenancy ended this I phoned the company representative to ask whether the tenant would be staying on or not, and to enquire as to when I could get access for the EPC to be done. I was advised that the tenancy would be continued, but possibly with a different tenant (stupidly I did not get this in writing).

    Anyway, yesterday I called the company again as they had not got back to me about the access for the EPC (after a few unreturned calls). The company informed me that the tenant had moved out (but didn't say when) but that they would not now be continuing the tenancy.

    I'm kind of annoyed as I had it in good faith that the tenancy continuation would be honoured, and had not marketed the property (in effect one months rent is now lost). So I am wondering whether I can charge them for this month as they had not given notice.

    I would guess that I do not have a leg to stand on as none of this is in writing (I will learn my lesson if this is the case).

    During the conversation with the company it was alo mentioned that front door of the property had been replaced - without mine or the letting agencies knowledge. To my mind this is a breach of contract, as I do not know what they have replaced the door with (maybe a poor quality door), so I would like to do something to redress that too.

    Any help greatly appreciated

    Gnomey
    x

    #2
    Originally posted by gnomey View Post
    The 6 month AST for my property ended on 10th September. It was a company let.

    A few weeks before the tenancy ended this I phoned the company representative to ask whether the tenant would be staying on or not, and to enquire as to when I could get access for the EPC to be done. I was advised that the tenancy would be continued, but possibly with a different tenant (stupidly I did not get this in writing).

    Anyway, yesterday I called the company again as they had not got back to me about the access for the EPC (after a few unreturned calls). The company informed me that the tenant had moved out (but didn't say when) but that they would not now be continuing the tenancy.

    I'm kind of annoyed as I had it in good faith that the tenancy continuation would be honoured, and had not marketed the property (in effect one months rent is now lost). So I am wondering whether I can charge them for this month as they had not given notice.

    I would guess that I do not have a leg to stand on as none of this is in writing (I will learn my lesson if this is the case).

    During the conversation with the company it was alo mentioned that front door of the property had been replaced - without mine or the letting agencies knowledge. To my mind this is a breach of contract, as I do not know what they have replaced the door with (maybe a poor quality door), so I would like to do something to redress that too.

    Any help greatly appreciated

    Gnomey
    x
    You;re correct, you don't really have a leg to stand on. Sorry.

    The tenant does not have to give notice that they are moving out at the end of the fixed term of an AST.

    Any renewal/extension of the tenancy must be sorted out in writing and signed, or it's very difficult to enforce, as you appreciate.

    The business with the door is only worth pursuing if the door and its condition were mentioned and signed for on the check -n inventory, but have changed significantly since. If that is the case, you need to go and look at the replacement door and see if it's worth taking them to court over.

    If there was no proper inventory check done, forget it.

    Treat it as a learning experience?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      Thank you for your help mind the gap, I will treat it as a learning experience and not be so trusting of people in the future and get EVERYTHING in writing (I usually do, but I have just emigrated back to the UK for 3 months so I've had other things on my mind - bad excuse I know). That's me take things on face value and too trusting of folk!

      I realised that they did not have to give notice if they went out on 10/11th September, for the 6 month AST - I just thought if they'd stayed longer than the tenancy that they were liable for rent for the next month (or until they gave their month notice. However it's not too clear whether anyone was in the property or not - the letting agent was vague (time for a new one I think!). Seems a bit of a grey area.

      Fortunately the inventory was done by a professional inventory company, so the door might be worth pursuing....

      Gnomey

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        #4
        Originally posted by gnomey View Post
        The 6 month AST for my property ended on 10th September. It was a company let.
        Wrong!
        1. If it was an AST, only one individual (or 2/3/4 of them) could be T.
        2. You state that it was a company let.
        3. Consequence: it was not an AST.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

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