Check out conundrum

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    Check out conundrum

    Our tenant has arranged check out with the inventory company without letting us us attend as landlord. Do we have to go with this check out?

    Also presumably check out doesn't necessarily mean that the tenancy has ended? We have been trying to evict her. Finally got a court date she must leave by 15 oct. Have been asking when she will go and she finally said on 30 sep she will go on 7 oct. I said that wasn't convenient and it needed to be 11 oct. Pointed out she has to give a months notice but we will let her go on 11 oct as good will.

    I'm now tempted to take as much rent as is possible from her deposit as she has wasted so much of my time ane shows absolutely no respect to others.

    Contract runs from 11th of month. Is periodic. She has posted keys through front door (although I can't get to them before fri which is a big concern).

    Thanks

    #2
    sorry some key info i have missed out...

    The reason I ask if the inventory stands is because my key concerns are: i) if something happens to the house before we can go and collect the keys ii)the inventory company previously made mistakes. If something happened before then I would hope it would be her liability still, obviously very concerned about squatters etc as the keys posted through the door would be visible from the street!

    Also wanting to keep taking rent is that her lack of notice has obviously caused the void period to extend. We need to do works before new tenants can move in and she hasn't allowed access to the property before moving out (which has extended the void period further as we haven’t been able to line up trades men). She had a new property from 30 sep so obviously knew she would be leaving before this and was just being difficult

    We have about two weeks rent held in deposit (when you reduce deposit by her arrears and court fees) with further benefits payments due to come in from the council (hopefully).

    I’m aware that we still need to give 24 hrs notice before accessing the property when it is still in her name. Can we just say that we will be holding her as tenant until xxdatexx and then from that time access at our will? Does this end date need to coincide with contract date i.e. 10th month?

    Thanks

    Comment


      #3
      Originally posted by splat93 View Post
      Our tenant has arranged check out with the inventory company without letting us us attend as landlord. Do we have to go with this check out?
      Odd. It's not up to the tenant to organise this. You organise it, and if you want (and it's probably best practice to do so) then give her the chance to attend. Is she doing this entirely off her own bat, with her own company that she's paying for? Or is this an inventory that you're paying for etc, and she's just gone ahead and contacted them (in which case, cancel it!)

      Also presumably check out doesn't necessarily mean that the tenancy has ended?
      Absolutely not; it has no relevance whatsoever. There doesn't even need to be a check out.

      We have been trying to evict her. Finally got a court date she must leave by 15 oct. Have been asking when she will go and she finally said on 30 sep she will go on 7 oct. I said that wasn't convenient and it needed to be 11 oct.
      If you want rid of a tenant so badly that you're going to court to get them evicted, it's a little bizarre to try to insist they stay a few days longer than they want!

      I'm now tempted to take as much rent as is possible from her deposit as she has wasted so much of my time
      Don't quite follow that. Are you saying that otherwise you'd just be 'nice' and let her off her rent arrears?

      She has posted keys through front door (although I can't get to them before fri which is a big concern).
      So has she told you (hopefully in writing) that she's posted the keys through the door? If so, then she's self-evidently ended the tenancy, and you're free to enter the property. Alternatively, if the only reason you know this is that you can see the keys through the letter box, then if you take an independent witness along when you unlock the door to confirm this, then that should protect you from any spurious accusations of unlawful eviction, etc.

      Comment


        #4
        You cn take your own inventory on whatever date you want. If the two differ, the courts or the arbitrator will, obviously, take account of the tenants version but they will also want to consider why there is a difference and which version is likely to be right on the balance of probabilities.

        Now others may disagree with this and I have no idea if it has any legal standing, but you are seeking to evict her, she has offered you a departure date. We know a s8 or s21 is not a notice to quit but I wonder if a court will feel like penalising the tenant for complying with your wishes? Lets face it, you will not have a choice as to which date a judge orders the tenant to leave, or when County Court Bailiffs will attend.

        If you were evicting me I guess I might not be too co-operative about tradesmen - covenant of quiet enjoyment and all that.

        Comment


          #5
          Just to clarify, are you saying that you obtained a court order requiring the tenant to give you possession on 15th October?

          Comment


            #6
            Yes we have a court order saying she had to leave by 15th oct.

            She booked check out with inventory company we use without telling us. Contract states she has to pay for check out so I assume that is the case.

            We won't be taking her to court to recover monies, just withholding from the deposit. I just wanted to see what we are legally entitled to and then decide what we think is fair. In a previous post someone said that court order is irrelevant to contract and they are still obliged to give notice.

            Thanks

            Comment


              #7
              When the tenancy ends and when the checkout takes place are two different things.

              Concentrating on the latter:

              It used to be the case that a tenancy ended when the order for possession was made. However, the law was changed and section 5(1A) of the Housing Act 1998 provides that the tenancy ends "when the order is executed". "Executed" is not defined and despite extensive Googling I have not been able to find any clear clarification that "executed" means "enforced". However, I think it must be the case that the tenancy ends when the tenant leaves. It would be odd if a tenant was penalised for complying with a court order and the whole idea of applying for possession is in any event to get the tenant out. The whole process is about the landlord ending the tenancy. If the tenant were required to give notice and did not wait for the bailiff that would mean the tenancy did not end. In the absence of co-operation from the tenant how is the landlord to end the tenancy?

              Comment


                #8
                So she said she was leaving 7 Oct. (2 days ago) She has posted the keys back through letterbox. She has gone.

                Go in, check the property. Keep the outstanding rent from the deposit. Check for any damages/cleaning needed. Keep that from rest of deposit.

                Move on. Get a new tenant. Do your own inventory.

                Comment

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