Holdover

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    Holdover

    Tenants lease had been in holdover. He gave verbal notice to leave on 26 June 2011 (this was in line with his lease which was signed on 26 October 2008).

    However although he had moved out about the 2nd of July he employed workmen to repair various damage he had done and he therefore did not hand back key until 15 July 2011.

    When did his lease end - when do I charge him rent up to? Because he did not move out did this effectively mean he had rolled on for another month and his lease end date was 26 July 2011.

    I am going to deduct some money from his bond and want to get this fact right before it goes to tenancy dispute board.

    Thank you

    #2
    If the notice was valid then come what may the tenancy ended on 26 June. You are entitled to mesne profits for the period 27 June to 15 July.

    Comment


      #3
      I would question whether T's (oral) notice was valid. I suppose LL may be free to accept it as valid notice - ? If not then LL could claim rent in lieu of notice for a longer period. (I wonder, if you reverse the situation, and T has given invalid notice which LL has accepted, would T later be able to argue that his tenancy didn't end at his invalid notice expiry?)

      LL might instead try demanding double rent under the Distress for Rent Act 1737 for the period 27 June - 15 July. (Personally, if I were ever in such a situation, I'd give it a whirl, just to see whether I could win).

      Comment


        #4
        Originally posted by Gailforce123 View Post
        Tenants lease had been in holdover. He gave verbal notice to leave on 26 June 2011 (this was in line with his lease which was signed on 26 October 2008).
        Can you tell us:
        Was this an AST in England/Wales?
        Date that the last fixed term commenced?
        Length of the term and whether an 'end' date was specified?
        Was rent payable monthly?
        What date did T give verbal notice?

        I am going to deduct some money from his bond and want to get this fact right before it goes to tenancy dispute board.
        You cannot unilaterally make deductions from the deposit. T must agree to the deductions. If there's a dispute then it can be settled either by the tenancy deposit scheme adjudication service (ADR) or in the county court.

        Comment


          #5
          Holdover

          AST in Wales
          Lease commenced on 27 October 2008 for fixed term of twelve months and end date was 26 October 2009 with a break clause after six months
          Rent payable monthly
          Tenant gave verbal notice approx six weeks before they were supposed to leave

          Comment


            #6
            can anybody answer this, none the wiser???

            Comment


              #7
              Originally posted by Gailforce123 View Post
              can anybody answer this, none the
              wiser???
              If you are satisfied that the tenant returned the property in the state
              he aquired it, and are happy with the repairs, then be thankful that he
              carried out repairs and that you dont have to go chasing him, have
              arguments about deductions , Then ----

              Be thankfull that he did the repairs, and be thankfull you received
              31 months rent from him of approx £ 15500. and forget the extra days
              that he spent on repairs so that you would not have to do them.

              charge only till day he left, but honestly, forget the extra.

              I wish someone would give me £ 15500 over 31 months to pay my
              mortgage, have someone come in and do repairs that I dont have to
              pay for ! but no one does, I have to work hard to pay my mortgage,
              you do not, as someone else pays it for you. ( or near enough )

              Is £ 15500 ( approx ) not enough ? you want more ? and want to haggle,
              go to arbitration with the tenancy dispute board ?

              You don't say you had any other problems, so assume you just want to fight
              for a few days rental.... come come now .
              It will cost you more in time and effort than the cost of a few days rental !

              R.a.M.

              Comment

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