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To not allow anyone to enter a property im paying rent on?

(180 Posts)
BakerBear Tue 06-Feb-18 15:54:56

We have been tenants in a property for 4.5 years. Never had any rent issues and never seen the landlady in all that time.

We have very recently purchased a house and we have now moved out of the rented one but i am still liable for the rent up until the end of this month as you have to give notice from the date your rent is due so i ve ended up with a big overlap.

The landlady has texted yesterday to ask if we have now moved out and can we now hand back the keys. I texted her back saying we were now in our new home and it would be great to hand the keys back so i could then get a reimbursement of the over paid rent.

She then replied that i could keep responsibilioty of the property until the end of the month as the new tenant wasnt moving in until after then anyway.

I thought this was a bit strange as the letting agency had told me that a new tenant was desperate to move in (landlady uses the find a tenant thing and then manages the property herself) so i then rang the letting agency this morning to ask if the tenant wanted to move in sooner only to be told the new tenant really wants to move in asap! The letting agency has received an email from the landlady saying the new tenant couldnt move in as i was refusing to give the keys back and she didnt want to refund me any rent!!!!!

The letting agency have said they need access to the property to do a EPC certificate as the current one has run out and i have told them under no circumstances must they or anyone else enter that property whilst im still paying the rent!

The letting agency was very funny with me and thought i was being unreasonable.

The rent for the new tenant is £75 a month more than what i was paying so the landlady will be better off refunding me and accept the higher rent from new tenants.

I cant understand this

BakerBear Tue 06-Feb-18 15:57:08

Responsibility*

LavenderDoll Tue 06-Feb-18 15:58:47

Why would you not let them in for the EPC certificate?

egginacup Tue 06-Feb-18 15:58:58

I agree the new tenant shouldn’t move in while you’re paying rent. However surely you have to give the letting agent access for maintenance issues like the EPC if they give you 24 hours notice?

InDubiousBattle Tue 06-Feb-18 15:59:49

She was probably hoping you wouldn't be bothered about the rent and would just hand over the keys so she could charge twice for the month. Not really your problem now though is it ? Just hand the keys over before your rent period runs out . As you say she's the one who's lost out really.

AlbertaSimmons Tue 06-Feb-18 16:00:00

You can understand it if you think of it in terms of your landlady wanting to have her cake and eat it...

Iamagreyhoundhearmeroar Tue 06-Feb-18 16:00:23

Of course you're being unreasonable. And spiteful.

TenancyTroublesAgain Tue 06-Feb-18 16:00:30

The 24 hour notice is a request not a demand for anything other than emergencies e.g. a fire, isn't it?

Seeing as the LL is being funny about it, I'd be funny too. YANBU OP.

Zampa Tue 06-Feb-18 16:01:12

You do need to let the Landlord, agents and their representatives in to complete H&S checks etc. but only on reasonable notice.

BakerBear Tue 06-Feb-18 16:01:32

The landlady wants access to do things for a new tenant so she doesnt lose even a days worth of rent whilst im paying the rent.

I think its bloody cheeky

Bluelady Tue 06-Feb-18 16:02:31

Give her the keys and tell her you'll see her in court for the rent she owes you.

allertse Tue 06-Feb-18 16:03:44

I wouldn't let them in either. You've offered them the keys back early and they have someone ready to move in so they aren't going to lose any money. She's trying it on to squeeze every possible penny from you.

If she wants to stick to the word of the contract (no refund for checking out a bit early) I would too - she can do the maintenance when she's not getting rent for the property.

TenancyTroublesAgain Tue 06-Feb-18 16:04:25

If she wants the keys back that would surely be an early surrender and she should reimburse you prorata for the days you no longer have access.

Obviously she doesn't want to do that because as you say she doesn't want to miss even a days rent.

I don't know for sure but an EPC isn't an emergency and they can sort it out between tenancies or should have done it sooner! Don't they last 10 years?

1Wanda1 Tue 06-Feb-18 16:05:17

It is a term of every competently drafted lease that the tenant has to give access to the property on reasonable (usually 24 or 48 hours' notice) in the final 2 months of the tenancy. This is to allow the owner to arrange viewings and things like the EPC.

You can't make her refund you the rent but you do have to give access if your lease obliges you to.

TabbyMack Tue 06-Feb-18 16:05:21

So the landlady wants twice the rent...from you and the new tenant?

You are doing the right thing - legally and ethically. No onr has the right to enter the property while you retain possession. It's as simple as that. Make that clear to the agency and then ignore everyone until move out day.

MirandaWest Tue 06-Feb-18 16:06:20

I agree with you. When I moved into this place, there was still some time left on the contract in my previous place. I said I could hand back the keys sooner and have a refund but they didn’t want that. And the letting agency was then cross I had moved out sooner.
Given the issues with getting my deposit back I suspect the problem was that they were cross I had enough time to address the problems they pointed out and so got £765 of my deposit back instead of the £25 they wanted to give me.

Your landlady can’t have it both ways - she’ll just have to wait until your contract runs out

DingDongDenny Tue 06-Feb-18 16:06:21

I think you are doing exactly the right thing. Maybe the letting agency will talk some sense into her

TenancyTroublesAgain Tue 06-Feb-18 16:07:07

@1Wanda1 Tenancy agreements don't overwrite the law and that clause wouldn't be enforceable. As far as I'm aware, you don't have to give access even with notice for viewings etc. Only for emergencies.

Feel free to correct me though, anyone. But this is what I've been told.

BestZebbie Tue 06-Feb-18 16:07:54

You probably do need to give access to the landlady and her agents, with appropriate notice.

You don't have to hand the keys back until the last day of the period you are paying rent for.

TabbyMack Tue 06-Feb-18 16:09:09

Wanda

That may be in every tenancy agreement, but it has zero legal standing. The law is quite clear in that the LL needs the express permission of tenant to enter the property (except in genuine emergencies). The LL can give 24 hours notice and request to enter, but if the tenant says "no", that's that.

Law trumps tenancy agreements every time.

brownelephant Tue 06-Feb-18 16:09:47

yanbu
it's still your home.

BullshitSandwich Tue 06-Feb-18 16:09:47

You're being petty as fuck so she's playing you back at your own game.

stoneagefertilitydoll Tue 06-Feb-18 16:10:20

It is a term of every competently drafted lease that the tenant has to give access to the property on reasonable (usually 24 or 48 hours' notice) in the final 2 months of the tenancy. This is to allow the owner to arrange viewings and things like the EPC.

She is entitled to quiet enjoyment - you can write whatever you like in a contract, but it's not enforceable if it contradicts the law.

As a landlord and renter, I think that if she won't be reasonable (and refunding rent if it's re-let to someone else is reasonable), then it's entirely up to you what you do - I certainly wouldn't hand the keys back for strangers to come in until after the inventory has been re-done - goodness knows what they might get up to (muddy footprints across carpets that now you'd be charged to clean etc).

After 4.5 years she's not even having a couple of weeks fallow time to touch up decoration etc? I have a pretty low opinion of that too.

TenancyTroublesAgain Tue 06-Feb-18 16:11:21

@BullshitSandwich How is the OP being petty? It's the landlord who started being unreasonable. Wanting to have their cake and eat it. confused

rocky4 Tue 06-Feb-18 16:12:01

Personally I'd post the keys at midnight on the day the tenancy runs out. Don't do anything to help the landlady get her new tenants in quicker i.e. to decorate etc. She is making your life harder than it has to be so I'd be doing the same.

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