Aibu to not pay rent on an empty home

[Lanabanana678]

Hey guys - so further to my previous thread.

The landlord let me end my tenancy early on the understanding I pay rent until the next tenants move in and also that I pay 2/3rds of the re advertising cost with the original estate agents. Fine.

So the EA’s told me the new people would be moving in on the 20th (today) so I had everything moved our days prior to this and I dropped the keys into the EA last night just before closing and confirmed with the young boy who’d been dealing with me that I was giving the keys back for the new people to move in tomorrow (today).

I text the landlord to say that I’ve done that and he said he has no knowledge of anyone moving in today. I ring the EA’s and they said that it’s now the 23rd that the new people are moving in on and I’m liable for the extra few days rent. Apparently this is because the property needs to air out for a few days due to Covid. ( I haven’t had covid and also the house has been empty for weeks anyway). They said it wasn’t their responsibility to tell me as the LL is their client not me ( even though I’m the one paying the majority of their fee).

Aibu to not want to pay rent on a property I now no longer even have keys for??

Thanks

You're lucky the landlord evdn let you end your tenancy early. It's neither here nor there if you handed the keys in, you are still liable for the rent till the new tenants move in because that's what you agreed.

@Lanabanana678

My problem here isn’t with the LL at all. He’s been lovely, my problem is with the Estate agents telling me the 20th on two occasions, then on the 20th telling me the 23rd once I’d already dropped keys in and telling me I can’t go back into the property as they’re airing it out for Covid. The problem is I’m annoyed at paying an additional 3 days rent to air a property out?? X

Is there any chance phone calls were recorded?

@Lanabanana678

My problem here isn’t with the LL at all. He’s been lovely, my problem is with the Estate agents telling me the 20th on two occasions, then on the 20th telling me the 23rd once I’d already dropped keys in and telling me I can’t go back into the property as they’re airing it out for Covid. The problem is I’m annoyed at paying an additional 3 days rent to air a property out?? X

Is there any chance phone calls were recorded?

@Lanabanana678

The fee I’m paying is £350 and the rent and council tax for the 3 extra days is another £100. No emails, everything was done with the EA in person and over the phone

What fee are you paying? The Tenant Fees Act makes it clear that there are very few fees which can now be passed on to tenants.

I didn't realise you didn't have access to the property. I would refuse to pay for any days which you are not allowed on the property. With the current climate, there's no way any agent or LL are going to be successful in claiming this off you, the courts are backlogged with genuine claims. And I'm not sure this is even legitimate.
Ask the agent where it is outlined in the Coronavirus legislation.

@loveisagirlnameddaisy the fee was agreed between OP and the landlord on the basis that the landlord allowed her to exit the tenancy agreement early and was the cost of finding new tenants. The alternative, i.e. paying rent for the full term would have been more expensive I would assume, so whilst technically you are correct, I'd advise OP to stick with this offer.

[quote Treacletoots]@loveisagirlnameddaisy the fee was agreed between OP and the landlord on the basis that the landlord allowed her to exit the tenancy agreement early and was the cost of finding new tenants. The alternative, i.e. paying rent for the full term would have been more expensive I would assume, so whilst technically you are correct, I'd advise OP to stick with this offer.[/quote]
Thanks for clarifying. Makes more sense and yes, I agree on the fee if it relates to re-advertising but I'm still unclear on the law regarding Covid 'airing out' periods. Would be interesting to know more about that.

Agents tried this with me. They wanted to have a week to decorate for the nee tenants, but tried to charge me too.

So then they had an awful rush in between us both as I didn't move out as I was paying rent!

I'd pay to the 20th, as otherwise you'd have been able to use the house until the 23rd and they accepted the keys back meaning you had no use of the property

Pre Covid obviously

@Hayeahnobut

on the understanding I pay rent until the next tenants move in

If this is the exact wording you agreed to, then the next tenants move in on the 23rd and you are liable for rent until then.

If you doubt the agent is being truthful, you could knock tonight or over the weekend to check if anybody is there.

This

The tenancy ended once they accepted the keys back. You would only be liable for rent if you had access to the property.

From Shelter:
An implied surrender will result from the tenant handing the keys over to the landlord with the intention to end the tenancy, and the landlord accepting the keys and agreeing to the termination of the tenancy with immediate effect

In future, always correspond with agents and landlords in writing or by email. Keep a record.

“You owe the LL rent up until the start of the new tenancy. That's the agreement he offered and you accepted.”

I agree with this

Also YABU to call the EA a ‘young boy’ 🙄

YABU. You agreed to this and they were generous in allowing it.

How rude and patronising are you that you’re referring to a grown man holding down a job as a “young boy”?

@PatriciaPerch

I've found this too www.gov.uk/guidance/government-advice-on-home-moving-during-the-coronavirus-covid-19-outbreak there is absolutely nothing re airing out periods so if your landlord wants to do that, I think he/she should pick up the cost him/herself

"One thing to note is that under current guidelines landlords and letting agents should wait 72 hours before entering a property after it has been vacated at the end of the tenancyV"

www.gov.scot/publications/coronavirus-covid-19-guidance-moving-home/pages/home-moves-in-the-social-and-private-rented-sector/

council tax for the 3 extra days is another £100.

This would mean the council tax is over £1000 per month

Don’t believe that

ivykaty OP says "the rent and council tax for the 3 extra days is another £100", so not just C/T alone.

You ended your tenancy early. The LL decreed conditions to allow you to do this. Suck it up.

@Frankola

You ended your tenancy early. The LL decreed conditions to allow you to do this. Suck it up.

No. The landlord accepted a surrender when they took the keys back.

I urge any tenants on here to check their rights with shelter before paying anything they're not legally obliged to.