Tenant Moving Out Before End Of Fixed Term

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    #16
    Well if she's happy to pay the bills she will be happy to pay the rent and you have plenty time to get property readvertised

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      #17
      Sorry i misunderstood that!

      You need to be telling her in clear terms that you do not accept her surrender and she is liable for all bills including rent until the contract expires

      you cannot financially accept her early surrender until you at least have a new tenant

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        #18
        Originally posted by theartfullodger View Post
        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..
        The tenant has vacated and I have picked up the keys. I wrote to the T to tell her I wanted to carry out a property inspection but she has not responded. Am I able to enter the property without her express agreement?

        Am I able to enter the property to show round potential tenants without her express agreement?
        The property will probably need some tidying up, cleaning and painting but am I correct in thinking that I am not able to do any of this without there being deemed acceptance of surrender of the tenancy?

        Comment


          #19
          You can enter as she has not disagreed and I'm assuming inspections were written into tenancy agreement?

          You cannot commence anything within the property without accepting her surrender as she is still the tenant.

          You could contact her and ask permission for viewings as this will help her end the tenancy the quicker you can re let.

          Comment


            #20
            If you have the keys and have retaken control of the property, you have almost certainly accepted the offered surrender.
            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


              #21
              The tenant moved out and told me by email that the keys were left in the mailbox. I emailed the tenant back saying I was not accepting surrender of the tenancy and that rent and bills were due up until the end of the fixed term and also that to save her money I would advertise for a new tenant and issue a refund of rent from the date the new tenant moved in (I had also previously told her this verbally and by email too).

              I have not yet entered the property but I want to in order to see what the state of the place is like and also to arrange viewings for prospective future tenants.

              Bearing the above in mind, do you still believe surrender has been accepted?
              If not then would it help make it more certain that surrender has not been accepted if I did not carry out an inspection or arrange any viewings? (though clearly it would be better for both parties to get a new tenant sooner rather than later).

              The tenant believes that giving me notice was sufficient to end the contract and so is not liable for any rent or bills after the date she vacated.

              Comment


                #22
                If it gets to court the judge will decide.

                What would a pragmatic person do?
                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...

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                  #23
                  What date does fixed term end?
                  What date did T vacate?
                  IMO you re-take possession on date of first viewing.

                  Comment


                    #24
                    The fixed term ends on 2 Feb.
                    T vacated on 21 Dec (and gave notice by email on night of 28 Nov).

                    Why do you believe LL takes possession of the property on the date of the first viewing? The tenancy agreement allows for the LL to conduct viewings during the last 2 months of the tenancy with 24 hours written notice.

                    Comment


                      #25
                      I totally disagree that you have done anything that will consistute accepting her surrender and infact you have done the opposite by advising in writing that the tenancy will continue.

                      If it were as easy as posting back the keys every tenant would do it and there would be no need for any agreement or AST.

                      I would suggest if you can't contact her then she has abandoned the property. If you ring the private rent team at your civic centre they will likely give you permission to enter the property and make sure it is secure.

                      They will also document any action you take which will protect you against any claims she may make of wrong doing.

                      As advised earlier, I would ask her permission to begin viewings as it will help her leave the tenancy the early. Although if it's written in the tenancy agreement that you can I still don't see how your doing anything wrong.

                      Comment

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