New Landlord, please help - end of tenancy - repairs outstanding

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    New Landlord, please help - end of tenancy - repairs outstanding

    I gave notice to my tenant to vacate due to the occupant of the flat having previously moved out and the tenant waiting for a new occupant, I found out in the meantime that the previous occupant had been a real problem for other tenants in the block, and the police had even come round and had broken into the property to gain access.

    The last tenancy date was 17th October and I notified the tenant that the last rent due was 18th Sept being monthly in advance. However, when we met to sign off the tenancy on the last date there were several repairs that needed doing which the tenant has agreed to complete.

    The repairs are being done and I hope to be able to meet to finally sign off the property tenancy at the beginning of next week. In the meantime I have received the 18th October rent in full. Am I entitled to keep this as we haven't formally signed off the property and the repairs are being done by the tenant, and they still hold a set of keys, or, as the tenancy notice period has expired do I have to refund it?

    What can I do to ensure this doesn't happen again so that it can be signed off on the end of tenancy date?

    I'd be grateful for any advice, thanks.

    #2
    Sounds like the tenant hasn't left yet (? true??). If so tenancy not ended.

    Your notice (a s21 ?) does not end tenancy nor require tenant to leave. Please let us know, is tenant still in residence?
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      OP - You are not going to get comprehensible answers here because your post is not very easy to understand.

      Starting with the first sentence -- you just lost me -- what does this mean?

      Originally posted by Marcey View Post
      I gave notice to my tenant to vacate due to the occupant of the flat having previously moved out and the tenant waiting for a new occupant, I found out in the meantime that the previous occupant had been a real problem for other tenants in the block, and the police had even come round and had broken into the property to gain access.
      You need to reword the whole thing clearly so we know what you mean.

      Comment


        #4
        New Landlord - end of tenancy - help please

        Hi thanks for your reply, and I'll try to clarify the situation better.

        I have a tenant who is a company placing 'vulnerable young people' on behalf of social services as occupant. This was the tenancy when I purchased the property at the end of last year. The original tenancy agreement finished in April and rolled on month by month. The occupant moved out end April although I wasn't informed and the property became empty while the tenant continued to pay me rent regularly while they tried to find another 'vulnerable young person'.

        Eventually I found out from the council that the occupant had moved out because I received a council tax bill which I queried with them. I then arranged to visit the property with the tenant and I found that the front door to the flat had been forced and a wall had been kicked in. I was told by 2 separate tenants living in other flats in the block just how bad it had been for them and that it was the police that forced entry to the flat.

        Given what I had learnt I gave the tenant notice of 2 months to leave with the end date then being 17th Oct and the last rent payment being due 18th September. It was amicable and they were sorry for the situation. After a joint meeting at the flat the tenant agreed to make good all of the resulting repairs required, including a new fire door, redecorating, filling the hole in the wall amongst other things.

        We met on the last day of the tenancy with me expecting to be able to sign off all the agreed repairs and redecoration, but they had not all been completed, and we agreed that we would need to arrange a future date to sign off the remaining issues. No date has yet been fixed but I have been advised by the tenant that they will be at the flat this Wednesday to do the necessary work.

        In the meantime, I have checked my bank account and have found that the 18th October rent has gone into my account which I hadn't expected. So I'm not sure if I have to refund it or if I am within my rights to keep it as although the property is still empty I haven't signed off the tenancy.

        I also don't want this situation to happen again, so what do other landlords do about checking the property at the end of the tenancy? should I go round sometime before the end date and so allow the tenant more time to complete the work so that it should be able to be signed off on the end date of the tenancy? It also stops me from being able to rent to new tenants.

        To be clear, I haven't served a Section 21 notice.

        Any comments would be gratefully accepted.

        Comment


          #5
          As your arrangement with the company is not (can not) an Assured Shorthold Tenancy, then the terms and conditions that apply to it are on your tenancy agreement (we can't see it). I am going to guess the tenancy agreement was written by the company, so don't expect too many clauses to be in your favour, but you agreed to it.

          From a personal perspective, with ASTs I would expect a tenant (who is living there 24/7) to have already identified any issues before the final inventory. They would therefore be charged for any relevant problems and I would arrange my own workmen to perform the repairs - thus ensuring the workmanship is of a good standard.

          Comment


            #6
            As above, the terms and conditions are going to be in the tenancy agreement.

            From what you have said, the tenant (the company) isn't in a position to return the property, is making it good (albeit slowly) and continuing to pay rent while they do so.

            There doesn't appear to be a problem, other than the tenant's speed in getting the repairs done.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              New Landlord, please help -end of tenancy - repairs outstanding

              Snorkerz,

              Hi and thank you for your reply.

              The Assured Shorthold Tenancy lease was already in effect when I purchased the property. The estate agents acting as letting agent used their own AST lease wording even though the tenant was a company. I was told by my solicitor that I should let the lease run until the end of the 6 months lease period. I then asked them to sign a new lease for 6 months which they were reluctant to do as they knew the current flat occupant would be moving out shortly and they may not be able to place another 'vulnerable young person ' during the lease period, so I allowed the tenancy to continue on a month by month basis until I gave them notice myself of 2 months.

              The lease makes no mention of whether rent falls due or not in the situation we are in, where the tenancy end date has come and gone and yet it can't be signed off until repairs are fully complete.

              As I can't let it to another tenant it would seem only fair that I should receive another months rent, yet I did say in an email to the tenant that their last monthly rental due date was 18th September. So I will wait and see if they ask for the October rent back.

              Comment


                #8
                Your T (Co.) still has a Tenancy (albeit not an AST) so rent remains due on the 18th of each month. I would expect sensible Co T to complete repairs and have it signed off by 17th Nov so it can be returned with vacant possession and avoid further rent due and other poss costs, from any deposit paid.
                When you accept property back, you both should sign a Deed of Surrender to end T on that day, so best to sign on the 17th.
                Your T Co has been fair & honoured it's obligations, so you should refund any unused rent for final rental period. IMO

                Comment


                  #9
                  New Landlord - end of tenancy - help please

                  mariner,

                  Thank you so much for your reply it's very helpful, and I will do exactly as you have suggested it makes absolute sense.

                  It's good to be able to get help from this website forum when not sure what to do.

                  Comment


                    #10
                    It works even better when OPs copy & paste the FAQ ' Important info required from all new posters' to better understand the situation, esp when OP confuses T and occupant. The' sticky' took time to compile in order to avoid some confusion.

                    Comment

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