Tenant Moving Out Before End Of Fixed Term

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    Tenant Moving Out Before End Of Fixed Term

    My tenant has given me notice that she is moving out imminently despite the fact that the fixed 6 month term does not end until February.
    I have explained that she is liable for the rent up until a new tenant moves in.

    My question is: do I need any sort of written confirmation that she is moving out? All I have is an email telling me she is moving out and giving the date.

    I want to be certain I am allowed to enter the property after she has moved out (to clean, carry out inventory and show round prospective tenants, etc.) without unintentionally accepting early surrender and allowing her to leave without her being liable for the rent up until the next tenant moves in.
    Thanks

    #2
    If you clean and carry out an inventory then you have taken possession back and the tenancy has ended.

    Comment


      #3
      Thank her kindly for her email but point out she remains liable for rent, council tax etc etc.

      She's said she's moving out, she is unable to give notice during fixed term. I would write arranging an inspection immediately after her move out date, check the place, take loads of photos. Check your insurance for how often to visit.

      If you can find new tenant offerearly surrender
      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


        #4
        Originally posted by ABC123 View Post
        I have explained that she is liable for the rent up until a new tenant moves in.
        That's not correct, she's liable for the rent until the end of the fixed term.

        An email is writing.
        If you've accepted her notice, that's fine - you can agree for her to move out early, and sort out the place and re-let it.
        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


          #5
          Originally posted by jjlandlord View Post
          If you clean and carry out an inventory then you have taken possession back and the tenancy has ended.
          So if I clean and carry out an inventory then the tenant would no longer be liable for the rent up to the end of the fixed term?

          Comment


            #6
            Originally posted by theartfullodger View Post
            Check your insurance for how often to visit.
            Sorry, what do you mean by this?

            Originally posted by theartfullodger View Post
            If you can find new tenant offer early surrender
            So I should not accept the keys back before the end of the fixed term has ended (or until I find a new tenant)?

            I assume she would contact me on (or just before) the date she said she's moving out to tell me she has vacated and arrange for me to come to check the place. Should I refuse this offer and tell her to keep the keys until either the end of the fixed term or until I have found a new tenant, because she still has a tenancy?

            I would obviously need her permission to allow me into the property to show any prospective tenants/letting agents around?

            Comment


              #7
              My landlord insurance says (I think) if place unoccupied I (or someone for me) must visit every 14 days: possibly something about water shut off in winter. Sadly I can't read your policy details, suggest you do.

              I would accept keys back but confirm, in writing or email that in doing so you are not granting a tenancy surrender. (You don;t want a spare set of keys wandering about the neighborhood).
              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


                #8
                Originally posted by jpkeates View Post
                That's not correct, she's liable for the rent until the end of the fixed term.
                Understood, thanks. I was assuming I would be able to let it before the end of the fixed term. I should have said she's liable for the rent until the end of the fixed term or until I find a new tenant, whichever is sooner.

                Comment


                  #9
                  abc123
                  Until you accepted her invalid ntq/implied offer of surrender she would have been liable for rent & property until end of Fixed term, but her tenancy now ends on expiry of her Notice. From that date you will be liable for property, Ins requirements, C tax, all utility bills. You may find a new, desperate, tenant after Christmas but not able to ref them before 9 Jan 17.

                  Comment


                    #10
                    Originally posted by mariner View Post
                    abc123
                    Until you accepted her invalid ntq/implied offer of surrender she would have been liable for rent & property until end of Fixed term, but her tenancy now ends on expiry of her Notice. From that date you will be liable for property, Ins requirements, C tax, all utility bills. You may find a new, desperate, tenant after Christmas but not able to ref them before 9 Jan 17.
                    When did I accept this?

                    Comment


                      #11
                      When you informed her that she was liable for rent until new tenant moves in.

                      What did her email Notice state?

                      Comment


                        #12
                        Originally posted by mariner View Post
                        When you informed her that she was liable for rent until new tenant moves in.
                        That's not accepting the notice, but agreeing to accept the surrender once a new tenant has been found and that new tenancy starts.

                        Comment


                          #13
                          The tenant has now moved out and left the keys in the mailbox.
                          As the fixed term does not end until the beginning of February am I correct in thinking that I should not enter the property without her permission as to do so would be to accept surrender of the tenancy?

                          Comment


                            #14
                            Nothing to stop you writing to her at the property with notice of inspection, min 24 hr notice for inspections at reasonable times, then inspect, leave.

                            In your shoes I'd collect keys to prevent some other scr*at from nickin' them..
                            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


                              #15
                              Originally posted by mariner View Post
                              What did her email Notice state?
                              She said she is aware she is in contract until February but then goes on to say that considering her circumstances she has given one month notice as per the contract. There is no clause written in the contract that she can give one month notice though.

                              The contract states under the title Surrender Of The Tenancy By The Tenant:

                              "Strictly with the landlord's or his agents prior written consent and subject to certain conditions that may include the landlord's reasonable costs associated with the re-letting of the premises, the tenant might be allowed to surrender or give up this tenancy before it could otherwise lawfully be ended."

                              She then goes on to say that she is happy to pay the bills up until her notice ends.

                              Comment

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