tenant gave notice but did not leave on time

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    tenant gave notice but did not leave on time

    Hi my tenant gave a months notice to leave on the last day of a rental period in a periodic tenancy However the tenant did not leave until two days into the next tenancy period and has still not returned keys and has not removed rubbish and a few posesions form the property As i have it in writing that they were leaving at the end of the tenancy period can I enter and remove the rest of there possesions and get the property ready to re let or do i need to have the keys returned first . Also as the tenant did not leave and went into a new tenancy period are they liable for another months rent and do they need to give notice again or should i just charge rent for the extra days they hold the keys for. Can i just change the locks and charge for this and for clearing the property of the remaining things any advise on this situation please

    #2
    What form did the T's notice to leave take? (Letter, voicemail, text email... or just oral?)
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      letter saying they would be gone by the 20th November the rental period runs from the 20th to the 19th of every month

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        #4
        I had somebody do the same thing to me. She gave notice to leave, took out all her belongings and gave the house a thorough clean, but did not return the keys. When I contacted her about this she said she wouldn't return the keys until after I had returned the deposit.

        I told her that was the wrong way round and that until she returned the keys she was still liable for rent.

        To cut a longish story short, I informed her that I was changing the locks for security purposes as the property looked uninhabited but she should contact me immediately if she required possession. I charged her for the locks and for the couple of weeks it took to sort it out , from her deposit.

        She then put it in writing that she had left and returned the keys. But there was no deposit left.

        So if I were you I'd write to your tenant and inform that they are still liable for rent until they return the keys.

        Hope it works out OK for you.

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          #5
          hi tenant still not returned keys can i charge rent whilst they still hold the keys I have requested that they return them but so far they have not

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            #6
            If the tenant has not returned the keys then you are entitled to change the locks and charge the cost to the outgoing
            tenant, which you have done. As you have received a written NTQ, and the tenant has left there doesn't appear to be a problem that the tenancy has ended.

            As far as their belongings are concerned you legally need to store them for 90 days at the tenant's expense,unless you had a clause within your tenancy agreement stating a shorter but "reasonable" period.
            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.

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              #7
              Originally posted by Berlingogirl View Post
              I had somebody do the same thing to me. Etc.
              You were not entitled to do what you did. The tenancy ended when the tenant left. All you were entitled to do was charge for the key. You need to be careful in situations like this as the deposit is the tenant's money and failing to return it without a good reason may be construed as theft.

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                #8
                Hi , Just to confirm, what I have done at present is to request tenant returns the keys which they have not and after a week of them leaving I have changed the locks ,They did not leave on the last day of a tenancy period which they said they would in writing. so they entered a new tenancy period for two days when they finaly appeared to move out but left rubbish and possesions I left it for a week for them to clear the rest of the stuff out and requested they returned the keys when they had done so. They have not been back so i changed the locks and am now clearing the property and rubish . They have still not returned the keys . What costs are they liable for ie going into a new tenancy period , clearing house of possesions and rubbish clearance, rent due whilst hoolding keys or up to date locks were changed

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                  #9
                  I am sure lawcruncher will comment, but AFAIK the tenants original tenancy ended at the expiry of their notice. After that one of 2 things happens -
                  1) You treat them as trespasser and evict (quickly) through the courts
                  2) You accpt them as tenants and in effect grant them a new tenancy.

                  In the case of a tenant holding over at the end of a tenancy, a court order is still required to evict them even though it is trespass.

                  With (1) you could presumably claim mesne profit (not rent) for the overstay at double rent, BUT, you can not pretend to take that route but not take darn quick court action as your reticense is likely to imply you have accepted their being there, and therefor a tenancy is formed. I suspect there is also an issue surrounding mitigating the loss (keeping the double mesne profit as low as possible) but I'm not clear on that.

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                    #10
                    Originally posted by Snorkerz View Post
                    In the case of a tenant holding over at the end of a tenancy, a court order is still required to evict them even though it is trespass.
                    No, not trespass but it's known as a tenant in Encumbrance.
                    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.

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                      #11
                      Originally posted by Paul_f View Post
                      No, not trespass but it's known as a tenant in Encumbrance.
                      Would you mind elaborating?

                      If the tenancy expires, the resident is no longer a tenant and has no longer any authorization to be there.

                      It seems that an tenant is an encumbrance, and such person that stays beyond the end of the tenancy probably is as well.

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