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Legal matters

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Due to hand back rental we have departed on Friday, too sick to empty house, how to pay rent and how much?

146 replies

KievLoverTwo · 10/11/2024 14:41

We gave notice around 8th Oct to leave on 15th Nov; on 12th Oct got keys to new house (hundreds of miles away), moved out straight away. Slowly been emptying the old house (5-10 hour round trips + packing, loading, unloading), due back one final time next week but the OH has now been very sick for four days and I just can't risk it. He was sick in September with similar symptoms and it lasted almost a month. Slightly different symptoms this time and other complaints also in the mix but he's basically been ill on and off since the day we picked up keys to the new place and done half a dozen journeys in amongst really struggling with copious amounts of pain. Oh - and I have M.E., so I've been fully loading, unloading and setting up home and shifting it all around on my own because he's been incapacitated. With M.E. Ha. Much fun. Anyway, the new symptoms aren't just pain. They're the sort that could cause him to black out at the wheel. And I don't drive. And I'm not physically capable of doing that journey on public transport. And there are no nearby friends to pack stuff up and send a man in a van. It's only one more van load - it's pretty frustrating.

I'm almost certainly going to end up taking this former landlord to court at some point in the future so I need whatever we do regarding rent to absolutely on the straight and narrow. Rent needs to be paid in advance, it's usually paid on the 15th. So, if we can't clear out by Friday, is the legally correct thing to do to pay an entire month's rent, and advise the keys will be handed back 15th Dec?

I assume if I do that and we clear out in a fortnight, that's just our tough luck - we're not entitled to any of it back?

The house is not habitable for various reasons but that doesn't really matter, that's a whole other story. What matters most is that I keep my nose absolutely clean, even if I can't live in her house and I've been paying double rent and utilities for almost 5 weeks and have to keep on doing it. No doubt a court would say 'but rent was due for a month, not a fortnight, so you broke the terms of the lease' - right?

Of course, I'd prefer to pay her a week or a fortnight at a time, but I'd rather pay too much and suck it up and know she doesn't have a single thing on me legally than do the wrong thing (pay a week/fortnight at a time) and risk a court case failing.

Google is NOT my friend on this. Please advise if you have direct experience of this or know what the legal precedents are, thank you.

OP posts:
KeyKnowledge · 10/11/2024 14:43

I'd rather use the rent money to pay for packers to do a full move and just be gone.

Sirzy · 10/11/2024 14:45

Can you not arrange for proper packers to go in and get everything out?

SlenderRations · 10/11/2024 14:46

KeyKnowledge · 10/11/2024 14:43

I'd rather use the rent money to pay for packers to do a full move and just be gone.

Excellent plan

OhTheSilence · 10/11/2024 14:46

I agree - just pay for a mover to pack and ship it all for you. If you are at a loss for finding a company you could use something like Shiply

dulciede · 10/11/2024 14:46

Why not send in a removals company (if you want the last lot of your stuff) to pack up and transport it to you/keep it in storage, or house clearance service (if you don’t)?

Balloonhearts · 10/11/2024 14:48

Agree, I wouldn't pay another months rent. I'd pay a moving company to collect the last load and take it down to the new house. Do Uber travel that kind of distance? Some movers may even let you ride with them but you'd have to ask. My nan did when she moved but he was a local one man band kind of mover so I imagine it varies and depends on insurance.

LIZS · 10/11/2024 14:48

Hire a man with a van? Could you manage a trip if only to sort out any rubbish and instruct one?

OttersAreMySpiritAnimal · 10/11/2024 14:54

As pp said, I would just pay for a professional firm the pack it all for me and bring it
It'll be done in a day and they are used to last minute moves.

bunnibee · 10/11/2024 14:55

and after the movers get one of those 'end of tenancy' cleaners in, to tidy up

PrincessofWells · 10/11/2024 15:02

If you gave notice your tenancy ends at the end of that period. You cannot extend it without your landlords consent and there are a lot of legal reasons why they would not give that consent. Hopefully the rest of the tenancy was conducted properly.

McSpoot · 10/11/2024 15:04

If you want to keep your nose clean, you have far bigger issues than how much rent to pay. You’ve given notice - you cannot just unilaterally say “no, actually, I’m not leaving yet”. Agree that hiring movers may be your best bet, especially as it sounds like your relationship with the landlord is fraught.

Floralnomad · 10/11/2024 15:05

KeyKnowledge · 10/11/2024 14:43

I'd rather use the rent money to pay for packers to do a full move and just be gone.

Do this then you will be out on time and it saves you the bother .

AquaPeer · 10/11/2024 15:07

How would professional packers get in though? OP or her partner still need to be there to give access. And she’s hundreds of miles away.

I think you’d struggle to find someone who would drive you hundreds of miles in a removal van pack up and deliver you and the stuff back. I’ve not heard of a service like that

gamerchick · 10/11/2024 15:08

Wouldn't a removal company be cheaper than a month's rent?

Badbadbunny · 10/11/2024 15:10

AquaPeer · 10/11/2024 15:07

How would professional packers get in though? OP or her partner still need to be there to give access. And she’s hundreds of miles away.

I think you’d struggle to find someone who would drive you hundreds of miles in a removal van pack up and deliver you and the stuff back. I’ve not heard of a service like that

People will do anything for a cost. Removal firms/man and van firms are accustomed to long journeys!

As for keys, the OP could post them by special delivery, or see if the agent/owner will give a spare set to the removers.

There's always solutions to every problem.

Turmerictolly · 10/11/2024 15:11

AquaPeer · 10/11/2024 15:07

How would professional packers get in though? OP or her partner still need to be there to give access. And she’s hundreds of miles away.

I think you’d struggle to find someone who would drive you hundreds of miles in a removal van pack up and deliver you and the stuff back. I’ve not heard of a service like that

Courier the key.

HellofromJohnCraven · 10/11/2024 15:11

Is the stuff still there worth moving? If not pay a house clearance co

Clearinguptheclutter · 10/11/2024 15:12

You need to call a removal company to pack up the last of it and shit it to the new location asap. Keys can be sent in the post if necessary.

Doggymummar · 10/11/2024 15:12

What if the new tenant is due in on the same day. You are not thinking clearly. You need to make the last trip, today by the sounds of it. 28 days notice.

cheezncrackers · 10/11/2024 15:12

Contact removal firms local to your old home. Arrange for one of them to finish emptying your house and bring the remaining belongings to your new home. Send the keys via next day delivery as soon as you have chosen a removal firm.

Overthebow · 10/11/2024 15:16

I’m not sure you can just decide to stay, it’s not yours anymore after the date you are ending the contract. I think you need to find a way to move out completely. There are services who will do this for you.

AquaPeer · 10/11/2024 15:16

Oh I didn’t realise they had until Friday, yes that’s plenty of time to get the keys down.

OP agree as above you can’t just decide you want to keep the property another month, you have to be out

LumpyandBumps · 10/11/2024 15:20

I echo the posts saying employ a removal company.

In terms of your question about rent I assume that your fixed term has ended and you are on a periodic tenancy. Strictly speaking that is extended every month you are in possession ( which you still are if you haven’t given this up). The normal terms of your tenancy continue and if rent is due monthly in advance you would need to pay the full amount.
Under normal circumstances I would suggest negotiating just the extra time you need with your landlord, but it doesn’t sound like you want to do that.

There is a fairly obscure old law which could allow your landlord to claim double rent if you have given up your tenancy and then don’t leave. I don’t know if it’s ever used, but in your circumstances it seems best to avoid the possibility.

Flatulence · 10/11/2024 15:21

If you've given notice then you can't unilaterally decide to stay for longer.

You may be able to extend your lease, if you landlord agrees. But if they don't agree then if you continue to occupy the property after the end of your contract then you'll be effectively squatting.

Call a professional removal firm - not a man and van, but someone like Pickfords or Britannia (or a local equivalent) - and arrange for them to pack up the remaining contents and move it. Professional removal firms are used to doing this sort of thing remotely and you can easily get the keys to them via FedEx or similar.

It won't be cheap but it'll be cheaper than paying another month's rent and/or risking legal action for remaining in a property after the lease ends.

Mandoidi · 10/11/2024 15:24

Professional packers/movers are amazing and will pack everything super fast and well, and then deliver it to wherever you need and unload it.

You will obviously pay for that service but you've committed money to paying extra rent so you probably have it covered anyway.

I think this is easily the least stressful option, and the only viable option to avoid you causing yourself more trouble further down the line.

If the landlord has new tenants lined up for your notice date then your stuff will go in a skip and you will be charged a whole world of fees.

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