End of Lease

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    End of Lease

    My tenants' lease expires on 28/07/16 and they have said that they shall not be extending the lease. Letting agent just got in touch to say they want extra 2 days (without paying rent) to remove their belongings. This could take them into the following Monday as the letting agent is shut at the weekend which would mean no keys handover.
    It might even be that it's the letting agent who is too busy to do last inspection/inventory checks on the last day/next day.
    I'm within my rights to say 'no' and that I want them out on 28/07/16 and that I want all keys handed over on 29/07/16 the latest?

    #2
    You might or might not want to be user friendly (depends how they have been as tenants - your property - your choice). Offer to have a formal agreement with them to allow the tenancy to run two extra days and to allow rent to be charged pro-rata for those two days instead of for the whole month (and they cover council tax etc until then). If they decline, then explain they will owe rent for the full month and you will carry out your checkout a month later.

    Comment


      #3
      What does the tenancy agreement say about how it continues after end of current term and what notices landlord or tenant need to give?? e.g. Edinburgh model agreement
      http://www.edinburgh.gov.uk/download...d_tenancy_pack
      says..
      If the agreement is not brought to an end by either party on the end date,
      it will continue thereafter on a monthly basis until ended by either party.
      &
      18.
      ENDING THE TENANCY
      This Short Assured Tenancy may be ended by:-
      18.1 The tenancy reaching its end date and the Landlord giving two month’s prior
      written notice that possession of the house is required in terms of section 33
      of the Housing (Scotland) Act 1988 at that end date.
      18.2 By the Landlord serving on the Tenant a Notice to Quit. The Landlord may
      serve such notice either:
      i. To terminate the tenancy at its end date
      ii. To terminate the tenancy where the Tenant has broken or not performed
      any of the obligations under this agreement.
      18.3 By the Tenant giving the Landlord one month’s notice in writing to terminate
      the tenancy at its termination date.
      18.4 By the Landlord giving the Tenant the required Notice in the prescribed format
      in terms of Section 19 of the Housing (Scotland) Act 1988 of their intention to
      commence proceedings and then subsequently obtaining an order for
      recovery of possession from the Sheriff Court on one or more of the following
      grounds set out in schedule 5 of the Housing (Scotland) Act 1988. These
      grounds are as follows:.. etc etc
      Have either you the landlord or the tenant given notice of any nature?

      Until we know the answers to those questions we can't give you a definite answer on your rights.

      But as Andrew says, might be wise to be flexible and get a clean easy end to tenancy. If no notices have been given suggest you both sign a mutual agreement to end document. SaL have one.
      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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