tenants moving out procedure

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    tenants moving out procedure

    I've been managing two properties for 18 months but this is the first moving out process I'm going through and I just want to check I'm doing things right!

    I had verbal notice from the tenants some time ago that they would be moving out on the 8th May but nothing in writing. I've since asked them to put something in writing, which they have (this week).

    My only concern is that if, for example, worst case scenario, the tenants said they weren't moving out when it came to move-out day, am I in the right position, legally speaking? Or do they have rights to remain if the written notice they gave wasn't early enough?

    It probably seems like a no-brainer, common sense situation, the tenants have said they're moving and they've written in down, but I just want to make sure before I sign the next contract!

    Thanks

    #2
    Are you in the right position for what?
    If you are not certain, don't sign a new tenant up until you have vacant possession.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

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      #3
      When a tenant says that they are going to move out, then they usually will. Despite written notice being requested, some tenants tend to prefer telephone calls or e-mails because thay are not very good at sending letters. Provided the correct amount of notice is given, then I tend to accept this. If the tenant has nothing to hide, then the check out procedure is straightforward. Arrange to meet the tenant at a convenient time on checkout day. Check the property against the inventory and discuss any discrepancies with the tenant, making appropriate allowance for normal wear and tear. If you and the tenant can agree the cost of any necessary reparation, then get the tenant to sign a simple certificate to this effect and the agreed cost. If you need to obtain quotations to get work done, get this agreed in writing by the tenant. Agree meter readings, get tenant's new forwarding address (for deposit refund) get permission for this address to be passed to utility companies and local authority. See tenant out and collect his keys. Job done. If, for some reason tenant cannot move out, there is little you can do except accept the situation and try an extablish a new date for vacation.
      For this reason, as thesaint has stated, do not sign any document giving any new tenant a moving in date until you have obtained vacant possession to the property.

      P.P.
      Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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        #4
        Thanks both, that makes sense.

        From the new tenants point of view, is there anything I can give them as an indication that my intention is that we will sign on the 2nd, after the property becomes 'vacant'? I remember reading about a document along the lines of 'intention to enter a tenancy agreement' once.

        I know it seems silly, but I had thought that we would be able to sign for the new agreement in advance of the move-in date, but advice on here suggests that's not such a good idea. I just want to couch it with the tenants in a way that is reassuring.

        Thanks

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