Tenant stayed after 2 months notice. Can I still charge rent?

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    Tenant stayed after 2 months notice. Can I still charge rent?

    Hi All,

    My tenant (DHSS) stayed after the end of the 2 months notice to quit. They followed the advice given by The Council that they had the right to stay where they were!

    Anyway, they went on the 24th July which was 4 days after the end of the notice period but they have told me the keys will be returned later by their Housing Officer.

    Question is - Can I charge rent (via the deposit) for the period they overstayed their welcome? Have I the right to claim for the period 20th to the 24th July or from the 20th to the return date of the keys?

    I feel it is the return of the keys that signifies the end of the occupation but am interested to know others thoughts on this!

    Thanks in anticipation, Ian.

    #2
    Originally posted by Nunneyfixer View Post
    Hi All,

    My tenant (DHSS) stayed after the end of the 2 months notice to quit. They followed the advice given by The Council that they had the right to stay where they were!

    Anyway, they went on the 24th July which was 4 days after the end of the notice period but they have told me the keys will be returned later by their Housing Officer.

    Question is - Can I charge rent (via the deposit) for the period they overstayed their welcome? Have I the right to claim for the period 20th to the 24th July or from the 20th to the return date of the keys?

    I feel it is the return of the keys that signifies the end of the occupation but am interested to know others thoughts on this!

    Thanks in anticipation, Ian.
    Yes the tenant is still liable for rent for any 'overstay', or indeed any period until you receive all the keys. By the way it's not a Notice to Quit but a Notice Seeking Possession, and it's HB or LHA - not DHSS (or DSS).

    Only when you have all the keys surrendered to you by your tenant (or Housing Officer) can you assume they have vacated. Until then you should not enter the premises without the tenants' express permission.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      If they have overstayed by even a day, you will almost definitely be able to charge a whole months rent.

      Whether you see a penny of any of the overstay is another matter altogether.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        Thanks Paul. That is what I thought. OK I got the terminology wrong though!

        Thanks Saint. Not sure if I want to make the battle any more difficult but thanks anyway!

        Cheers both, Ian.

        Comment


          #5
          Originally posted by thesaint View Post
          If they have overstayed by even a day, you will almost definitely be able to charge a whole months rent.

          Whether you see a penny of any of the overstay is another matter altogether.
          This may be right, but I have a feeling that once an s21 has expired the tenant can leave whenever - after all, he/she is only doing what you asked them to.

          Without the s21, not only would this be right, but because you have had no written notice, you could charge until the end of the NEXT tenancy month - ie this months rent alone wouldn't now give you a full months notice.

          Comment


            #6
            Originally posted by Nunneyfixer View Post
            Thanks Saint. Not sure if I want to make the battle any more difficult but thanks anyway!

            Cheers both, Ian.
            It's no more difficult than deducting four days.
            The Sec 21 notice informs them that you require your property back, any rent due is unchanged.

            Originally posted by Snorkerz View Post
            This may be right, but I have a feeling that once an s21 has expired the tenant can leave whenever - after all, he/she is only doing what you asked them to.
            The sec 21 didn't ask them to do anything.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              Originally posted by thesaint View Post
              The sec 21 didn't ask them to do anything.
              Oooh

              I clearly indicated that you might be right - no need to get defensive!

              However, to quote you
              Originally posted by thesaint View Post
              The Sec 21 notice informs them that you require your property back

              Comment


                #8
                Wrong. Once L has served a valid s.21 Notice and the fixed-term AST has expired, T can leave at any time BUT remains liable for rent until:
                a. the date on which the Notice period expires; or
                b. an earlier date if T gives NTQ of at least one month (and this NTQ runs up to & inc. an SPT month end).
                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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