Question about AST One month notice

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    #16
    Originally posted by westminster View Post
    If it's a joint tenancy, then you must all vacate by 31st May if you wish the tenancy to end then. If even one of you is in occupation at fixed term expiry, a statutory periodic tenancy will arise, and the joint tenancy will continue, with all of you continuing to be liable for rent (whether you've moved out or not).
    We will all be moving out on 31st

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      #17
      Originally posted by mariner View Post

      Read again slowly, folks, the Agent is not wrong - he is just re-iterating SPT requirements.
      Maybe you should read it quicker?
      The agent is wrong. It is the OP that is quoting SPT requirements, not the agent. The agent says they require notice even if the OP leaves in the fixed term.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

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        #18
        They have backed down now and said i can do that but technically i have to give back they keys bang on midnight, plus apparantly its frowned upon and may go against me when renting again...

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          #19
          Originally posted by lucasmeister View Post
          They have backed down now and said i can do that but technically i have to give back they keys bang on midnight, plus apparantly its frowned upon and may go against me when renting again...
          It may go against you how? Of course there is nothing to stop anyone giving a tenant/ex tenant an unfavourable reference.

          What does the tenancy agreement say about the return of the keys?
          "Technically" you could say that they are required to come and get the keys bang on midnight.

          The tenancy agreement that we use in our office tells the tenant that they are required to return the keys by no later than 12 noon the next day.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

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            #20
            Originally posted by lucasmeister View Post
            They have backed down now and said i can do that but technically i have to give back they keys bang on midnight, plus apparantly its frowned upon and may go against me when renting again...
            He's talking nonsense. You do not have to hand the keys back on the stroke of midnight. If you return them anytime that day, that's fine. Or if you return them the morning after the tenancy ends, that's also fine. Ensure you get a receipt from the agent.

            So long as you all physically move out by midnight on the last day of the fixed term, the tenancy will end, regardless of whether you have handed back the keys or not.

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              #21
              Originally posted by westminster View Post
              So long as you all physically move out by midnight on the last day of the fixed term, the tenancy will end, regardless of whether you have handed back the keys or not.
              So there can be no rent liablity if the keys are returned?
              Allow tenants to protect their own deposits. I want free money when they do it wrong

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                #22
                The keys are not relevant. What matters is whether T is or isn't in occupation at fixed term expiry.

                A statutory periodic tenancy will not arise unless one or more of the tenants is in occupation at fixed term expiry. So if they all move out before then, the tenancy will simply end when the fixed term expires.

                Holding the keys is not equivalent to physically occupying the property, so the above remains true regardless of when the keys are returned.

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                  #23
                  Originally posted by westminster View Post
                  The keys are not relevant. What matters is whether T is or isn't in occupation at fixed term expiry.

                  A statutory periodic tenancy will not arise unless one or more of the tenants is in occupation at fixed term expiry. So if they all move out before then, the tenancy will simply end when the fixed term expires.

                  Holding the keys is not equivalent to physically occupying the property, so the above remains true regardless of when the keys are returned.

                  So a tenant could move out of a property before the fixed term, not return the keys, and go on their merry way with no redress from a landlord?

                  I ask, because some tenants of ours brought the keys back 5 days later, and I charged them a full months rent.
                  They were going to see a solicitor, and the local papers, and I thought it was all bluster. It seems like they are correct, and they should have had their deposit returned.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #24
                    Originally posted by thesaint View Post
                    So a tenant could move out of a property before the fixed term, not return the keys, and go on their merry way with no redress from a landlord?
                    No further rent would be due, because the tenancy would have ended, but if the failure to return the keys caused a loss - e.g. LL had to get the locks changed - then LL could claim that loss from T.

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