Tenant Vacated Late - How Much Can I Claim

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    Tenant Vacated Late - How Much Can I Claim

    Hi

    My tenants departed two days later than they stated (and I was only given about 14 days notice).

    I sent an inventory clerk down on agreed date but they were no where near ready to check out. Eventually they went two days later.

    I think I read that I can claim double rent for both days - am I correct?

    Many thanks
    Claymore

    #2
    Not enough information.

    Was this a periodic tenancy?

    If so, what were the tenancy period dates?

    What date did the T serve written notice to quit?

    What date did it expire?

    Did you accept the defective notice?

    Comment


      #3
      You can claim rent in lieu of notice which will be worth a lot more than the 2 days mesne profit.

      Comment


        #4
        Originally posted by Snorkerz View Post
        You can claim rent in lieu of notice which will be worth a lot more than the 2 days mesne profit.
        If the T served notice to quit in a periodic tenancy, and Claymore accepted the defective notice, then the tenancy ended at notice expiry. In which case, Claymore cannot claim rent in lieu of notice. Only mesne profits for the two days the T held over. Or, as Claymore is asking, possibly two days at double the rent-rate under the Distress for Rent Act 1737 - http://blog.painsmith.co.uk/2009/11/...d-double-rent/

        Comment


          #5
          Yes, I verbally accepted the notice during the fixed period. Then they changed their mind as they had no where to go after all, then they changed their mind again and I had two days notice!

          I definitely want to claim the extra days rent and the fact that the inventory clerk attended on two appointments.

          Comment


            #6
            Have you spoken to the tenants?

            You say you want to "claim", but in what way do you want to claim?
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              Claim against their deposit. DPS - all correctly served.

              Comment


                #8
                Originally posted by Claymore View Post
                Yes, I verbally accepted the notice during the fixed period.
                Originally posted by westminster View Post
                If the T served notice to quit in a periodic tenancy, and Claymore accepted the defective notice, then the tenancy ended at notice expiry.
                #Westminster - Is it not the case that claymores acceptance of their notice was invalid because it was served in the fixed term? Therefore the tenancy didn't end on expiry of the invalid notice?

                Comment


                  #9
                  Originally posted by Snorkerz View Post
                  #Westminster - Is it not the case that claymores acceptance of their notice was invalid because it was served in the fixed term? Therefore the tenancy didn't end on expiry of the invalid notice?
                  Yes, it seems more like an agreement to surrender (legal experts may discuss potential estoppel on both sides in such case). But then in such a situation, what would be the basis for charging rent in lieu of notice"?

                  In any case, at the very least rent is due until tenant left (imo tenancy didn't end until that point) and they should also cover whatever extra cost Claymore incurred (inventory clerk, etc.)

                  Comment


                    #10
                    Originally posted by Snorkerz View Post
                    #Westminster - Is it not the case that claymores acceptance of their notice was invalid because it was served in the fixed term? Therefore the tenancy didn't end on expiry of the invalid notice?
                    Correct.

                    But it would seem that there was a surrender by operation of law.


                    Originally posted by Claymore View Post
                    Yes, I verbally accepted the notice during the fixed period. Then they changed their mind as they had no where to go after all, then they changed their mind again and I had two days notice!

                    I definitely want to claim the extra days rent and the fact that the inventory clerk attended on two appointments.
                    The 'double rent' thing only applies when a T holds over having given valid notice to end the tenancy. Your T's notice was never going to be valid in terms of a NTQ as a T cannot give NTQ in a fixed term tenancy. And I presume the contract doesn't have a break clause specifying that the T may end the fixed term tenancy with two weeks' notice.

                    So the T's 'notice' was effectively a sort of advance offer to surrender. If, following the T's departure you retook possession, then you unequivocably accepted the offer to surrender on that date and the tenancy ended. What you should have done, when the T gave 'notice', was say that you would only agree to an early surrender on condition that they paid £X - perhaps the equivalent of a month or two's rent.

                    I'm not sure whether you have a valid claim for the extra inventory clerk visit, as at the date of the first visit the tenancy was still in place; the T hadn't yet, at that point, actually made the offer to surrender because he hadn't moved out. On the other hand, you acted on the T's sort-of-advance-offer to your detriment, so perhaps that gives you a basis to claim. But these are perhaps niceties which wouldn't occur to a deposit scheme adjudicator.

                    Comment


                      #11
                      Thanks for all the in put. The tenants have agreed to pay the extra rent and the costs of the inventory clerks extra visit.

                      Many thanks.

                      Comment

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