When is a property surrender

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    When is a property surrender

    When is a property surrendered?

    If the keys are given back, but tenats paying rent until a new tenant is found have they surrender the property and can we enter the property?

    #2
    A tenant may make an implied offer to surrender, but the LL is free to accept or reject the offer. It is only when both parties' actions are inconsistent with the tenancy continuing that there is a surrender by operation of law.

    See this link.

    Comment


      #3
      Ok here the situation, the tenants left the property on the 10th Sep 2012 and posted the keys though the door to the property as agreed with me (LL) they would also paid rent up until I found a new tenant for the property (they say they never surrender the property until new tenants were found, I dont remember this agreement).
      I inspected the property on the 10th Sep 2012 and informed them that I would charge for the cleaning of the rugs and oven, they agree to this.
      The DPS money less the charge (rugs and Oven) was agreed to be return to them, they asked if they could use that money to pay rent for Oct 2012, so I agree to that (knowing the money was already in my account). Between the 10th Sep 2012 and 15th Sep I carried out some painting and repairs to the property and cutting of the grass, but didn't inform the tenats I had done this or entered the property, nor did I say anything about the cost to me over 1000 of damage.
      My agents while I was away found new tenants for the property 3rd Oct 2012 and they moved in that day.
      The old tenants have found out that new tenats moved into the property on the 3rd Oct 2012 and claim they were paying rent, I informed them that their rent money was used for reapirs to the property as it cost me 1000 to get it re-let. They saying this was never agreed to and saying they will sue me for breach of contract, wrongful eviction and for the rent they paid in Oct 2012 but could not entered the property as I had re-let it (but they told me that they had moved to the US).
      It make things worst I sent emails stating the above to them on different dates and on the 02nd Nov 2012 sent a email confirm the contract AST had now been cancelled and no future payments required. They only contact me about new tenants and asking for return off rent on the 07th Nov 2012. I also charge them 100 to cancel the contract, they also want this back.
      Their contract was not meant to end until Feb 2013.

      Where do I stand? are they right to get this money back?

      Comment


        #4
        Originally posted by mattwillson79 View Post
        I inspected the property on the 10th Sep 2012 and informed them that I would charge for the cleaning of the rugs and oven, they agree to this.
        The DPS money less the charge (rugs and Oven) was agreed to be return to them, they asked if they could use that money to pay rent for Oct 2012, so I agree to that (knowing the money was already in my account). Between the 10th Sep 2012 and 15th Sep I carried out some painting and repairs to the property and cutting of the grass
        Your actions do not appear entirely consistent with the tenancy continuing.

        My agents while I was away found new tenants for the property 3rd Oct 2012 and they moved in that day.
        And on that day, even if you hadn't done so before, you accepted the previous tenant's offer to surrender. Having said that, if the previous tenant had paid rent in advance for the month of October, then you are not obliged to refund it, as rent paid in advance for any part of a rental period, even if the tenancy ends mid-rental period, is not refundable.

        The old tenants have found out that new tenats moved into the property on the 3rd Oct 2012 and claim they were paying rent, I informed them that their rent money was used for reapirs to the property as it cost me 1000 to get it re-let.
        ...But you can't suddenly decide that rent money is to be set against repairs or reletting costs.

        Where do I stand? are they right to get this money back?
        I've no idea, as you haven't given enough detail as regards the dates that everything happened. You haven't told us what day of the month that rent is due, for a start, or when you received the last payment, or what period the tenant is demanding a refund for.

        Comment


          #5
          Rent is due on the 1st of the month, last payment by tenant was 1st Sep 2012, but I accepted the money back from the DPS as rent paid plus they had to make a little up, as not all the DPS money cover rent for Oct 2012. They completed full payment of rent for Oct on the 20th Sep 2012 and I confirmed on the 1st Oct 2012 that full rent had been paid for the month of Oct 2012.
          The tenants is asking for retrun of rent for Oct 2012, stating that they paid it and I confirmed it was rent, and I had new tenants in the property on the 3rd Oct 2012.
          I believe they had surrender the property by posting the keys back to me in the property they rented from me but as mention above I did confirm I got rent from them for Oct 2012. They are claiming the keys were given back for safe keeping only to me (LL) and not a sign or intention of surrender of property, yet they moved everything out of the property apart from a hoover and small other biots and bobs.

          Thank you for your help

          Comment


            #6
            Originally posted by westminster View Post
            A tenant may make an implied offer to surrender, but the LL is free to accept or reject the offer. It is only when both parties' actions are inconsistent with the tenancy continuing that there is a surrender by operation of law.

            See this link.
            Very useful link.

            Comment


              #7
              When they posted keys back this was an offer to surrender which you accepted when you re-let the property.

              Do you think it's fair to charge two people for the same rental period?

              If it was me I would refund them from when you re-let it.

              Comment

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