Can tenant legally do a runner in this case?

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    Can tenant legally do a runner in this case?

    OK.. 6 month AST rolled over to rolling period for over 2 years. Contract originally stated 2 months notice for either party. Tenant gave 2 months notice in writing on 19th Feb, rent and contract start day is 1st of every month, so rent was due march and april. Tenant moved out 21st Mar, in the hope that i would get new tenant early and save her some rent. Tenant surrenderd keys 21st mar and abandoned house in filthy state. I cleaned house because i thought i was being fair and kind seeing as they were paying another months rent. They now say because i changed electric to my name (to get PAYG meter) they legally do not have to pay rent for April. Water and council tax not changed by me. Also they say they have no keys(which can be collected any time from agent incidentally). Did on 21st ask them to clean but said they had hoovered and cleaned floor and didnt see what else they should do. Am i now out of pocket in both cases ? rent and deposit ? If so i will never be kind again! Think i have been a sucker and too trusting.

    #2
    If they surrendered keys and the agent accepted them then this could indicate that their tenancy has ceased.

    What did your agent say about accepting the keys from them early?

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      #3
      Can you give us the exact wording of the 2 month notice clause? Standard tenant notce for an SPT is only one month.

      Can you also give us the starting date of the tenants tenancy?

      Tenant may be right about you changing the electricity - after all, this is not something you would expect to do if you believed the tenancy was still ongoing. Google "surrender by operation of law"

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        #4
        So tenant vacated and handed the keys over, which were accepted. Then landlord entered the property and cleaning it, and he changed the utilities back to his name.

        Whatever the agent's, but the landlord's action do seem incompatible with the continuation of the tenancy, hence surrender by operation of Law.

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          #5
          Hi there Poppy35,Snorkers and jjlandlord here is the exact wording of my AST - THIS agreement may be terminated by either party giving to the other at least 2 months in writing at any time after the first four months of the tennancy, such notice not to expire until after six months from the commencement date of this agreement, as specified above.-
          I understand by law that because this contract has rolled over by around 2 years only one notice is required however tennant willingly gave 2 months notice in writing. Rent day and ctt day is the first of the month, notice was dated 19th feb. All of March rent received. I manage the property and the keys were dropped through the letter box. It looks like i am out of pocket both ways doesnt it? I will read articles of operation of suurender.
          Gosh you guys are quick. I spend many an hour with a bottle of wine , marvelling at your knowledge. You would think i would have learnt not to be so friendly and trusting after some of the troubles you have dealt with. Thankyou for your advice, never thought i would be asking this question myself !
          Ok, so if they have surrendered by operation of law does that mean i cannot seek Aprils rent because their letter is not legally binding, even though they gave 2 months notice ? Also can i now charge them for the decorating i had done for mould damage and garden left in a state. I have invoices for both, but was going to let them off because i was expecting another months rent. Can i now pursue this through the DPS ?
          Last edited by stephers; 29-03-2011, 20:51 PM. Reason: READ OPERATION OF SURRENDER

          Comment


            #6
            Originally posted by stephers View Post
            Ok, so if they have surrendered by operation of law does that mean i cannot seek Aprils rent because their letter is not legally binding, even though they gave 2 months notice ?
            Tenant's liability for rent ends when the tenancy is surrended (tenancy ends at that point).

            Originally posted by stephers View Post
            Also can i now charge them for the decorating i had done for mould damage and garden left in a state. I have invoices for both, but was going to let them off because i was expecting another months rent. Can i now pursue this through the DPS ?
            Yes you can.
            First step would be to propose these deductions to tenant.
            If no agreement is reached a dispute may be raised to the DPS, you'll have to prove the condition at the start and at the end of the tenancy.

            Comment


              #7
              Originally posted by stephers View Post
              Hi there Poppy35,Snorkers and jjlandlord here is the exact wording of my AST - THIS agreement may be terminated by either party giving to the other at least 2 months in writing at any time after the first four months of the tennancy, such notice not to expire until after six months from the commencement date of this agreement, as specified above.-
              Provisions for notice in an expired fixed term contract do not carry through into a statutory periodic tenancy.

              I understand by law that because this contract has rolled over by around 2 years only one notice is required however tennant willingly gave 2 months notice in writing. Rent day and ctt day is the first of the month, notice was dated 19th feb. All of March rent received.
              Then the T does not owe any further rent.

              Ok, so if they have surrendered by operation of law does that mean i cannot seek Aprils rent because their letter is not legally binding, even though they gave 2 months notice ?
              There was no surrender by operation of law. The T gave you notice to quit, and as they only had to give one month, to expire at the end of a tenancy period (presumably the periods run 1st - last day of the month), their notice may be treated as expiring on 31st March since they vacated before then.

              Also can i now charge them for the decorating i had done for mould damage and garden left in a state. I have invoices for both, but was going to let them off because i was expecting another months rent. Can i now pursue this through the DPS ?
              You can try, but you will need evidence of the original good condition, ideally in the form of an inventory/condition report; if you don't have such evidence, then your claim is unlikely to succeed.

              Comment


                #8
                Originally posted by jjlandlord View Post
                Tenant's liability for rent ends when the tenancy is surrended (tenancy ends at that point).
                No, because it takes two to agree a surrender. Here, the T's notice to quit ended the tenancy.

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