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

[KievLoverTwo]

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.

How can you think its reasonable to just decide to unilaterally stay for an extra month? What if the owner of the property has are arranged for work to be done, cleanerto come in, decorators etc? I'm always very glad im.not a landlord when i read things like this.

Definitely use Shiply to get quotes.

Avoid Anyvan at all costs.

As per shelter:

You cannot withdraw a valid notice if you change your mind.

https://england.shelter.org.uk/housing_advice/private_renting/ending_a_periodic_tenancy/how_much_notice#:~:text=You%20cannot%20withdraw%20a%20valid,on%20after%20a%20notice%20ends.

Have to agree with everyone, your best bet to "keep your nose clean" is to move out on the agreed date, by getting in a moving company and cleaners.

If your contract ends on Nov 15th then the legally correct thing to do is be out and hand the keys back. You cannot just decide to stay an extra month. Either hire a packing/removal company as everyone else has suggested or speak to the landlord and see if they are willing to negotiate an extension.

Exactly this. When we moved house, it cost us just over £600 to hire a moving company for the day. They dismantled everything, moved it, reassembled. Our rent was only £550 at the time but we had absolutely no chance of moving it ourselves.

Could you post on a local Facebook group? Asking if anyone can help out?
Do you have any friends/family who could keep hold of what's left to move until your partner is in a better position to do it?

Where are you located?
I know I'm a stranger on the internet, but I'd be willing to help if I'm nearby (not financially but practically in terms of moving items, I know a few people with vans)

I don't know the answer to your question, but I know who will. https://www.landlordforumproject.co.uk/ is a forum for landlords. Some of the posters there are incredibly knowledgeable about the law and also the practicalities. And they are surprisingly helpful to tenants also.

They take a dim view of dodgy landlords who give the profession a bad name. They will want to help you keep your nose clean, as you say, so you can take your landlord to court successfully.

Get a removal and end of tenancy cleaning company. That's a no brainer absolutely.

I'd also get movers and cleaners to take time and date stamped pics of the place when they are done, in case of any hassle with LL.

@KievLoverTwo Why aren’t you just giving keys to professional removals and get them to do the last lot?

The only reason I can think is that you are so unwell, the obvious solution has evaded you.

I hope everyone gets better soon 💐

If you rented via an agent they may be able to suggest companies.

You sound really awkward about this. I don’t think you’re thinking straight.

Courts look for reasonableness. It’s not reasonable for you to merely pay an extra months rent and unilaterally decide you have the property until December. It is reasonable, whether you intend to take them to court or not, to contact the landlord and make them aware and come to an agreement together. Your assumptions about the landlord might be well founded, but in the eyes of the court, you need to give them an opportunity to resolve in the first instance - especially if you’re taking them to court over unrelated matters.

All you need to do is contact the landlord, make them aware. They might ask for an extra month’s rent or they might be happy if you agree to remove your belongings by X date and leave it there. Once you have a timeframe figured out, just pay movers to sort it for you.

Is there a managing agent? So an estate agent that manages on behalf of her? If so get them to meet the removals firm there with the key. Also, a professional end of tenancy clean and ask the cleaners to take photos when they are finished. That's evidence if your landlord tries to withhold your deposit because it's not clean enough. Keep their receipt too.

Absolutely this.

This exactly. You need to be fully moved out on the date you agreed, and the place left empty and as agreed in terms of repair and cleanliness.

Professional packers are incredible. So fast.

Moving companies move people across the world. A very hundred miles is not that weird.

Professional expats get moving packages where the house is packed up, cleared, cleaned and delivered to their next posting where ever in the world that is and then unpacked for them.

Get a quote and see if they is less than the cost an extra month of rent and also worth potentially undermining your legal case.

Just to echo others. You absolutely cannot just "decide" to extend your leave date. Illness or not unfortunately. And it's irrelevant whether they're a dodgy landlord or not.
Pay a removals firm. You don't need to be there, you can courier keys.
You will also need to pay a company for an end of tenancy clean.
Hope your DH gets better soon

@KievLoverTwo it is not your landlords fault that you have been paying double rent and council tax and utilities!! if you owe rent, pay it. get a company to pack up the rest of the flat and get a company in to clean it. why are you likely to be sueing the landlord in the future??

What a mess.

Yours and your families illnesses are irrelevant. So is the belief that he’s a bad landlord. There are no excuses here.

I feel for you. It sounds horrifically stressful for you both. You must be exhausted.

Contact Shelter for housing advice. They have web chat. Are you sure you have scope to take legal action against the landlord once your tenancy’s ended? Even if you do, there may be no need to keep ‘on the straight and narrow’.

Have you already given the required written notice to end the tenancy? It’s usually a month’s notice once the fixed term’s expired. If so, I’d ask to extend it by two weeks if you can get everything out by then. It doesn’t have to be a whole month. Surely, the landlord would agree to that and it shouldn’t compromise any later legal action.

The alternative is you get everything else packed neatly in one room and ask if you can collect it in the next couple of weeks. There’s always a risk the landlord could dispose of it, but that’d be very unreasonable if they’ve agreed in writing you can leave it and they’re unlikely to have new tenants moving in within 2 weeks.

https://england.shelter.org.uk/housing_advice/private_renting/options_when_your_fixed_term_tenancy_ends

I'd like to hear the landlord's side in this.

She could easily hire man and van near her to drive down with her and back again.
No different to hiring someone based at old location and them driving to new location and back again.

Landlord has to give you time to remove belongings, I believe, but you cant ‘t just keep the keys/stay longer to clear when you’ve given legal notice. Please don’t leave it to the landlord if you don”t want the remains of your stuff. It took me 7 car loads, Dh with a broken elbow, to empty the (literal) crap left behind by my idiot tenants. I had their permission in writing to dispose of everything they left.

Tenants don’t have to leave when the fixed term expires. They can choose to let the tenancy run on as a periodic tenancy, rather than sign another fixed term.

A landlord cannot evict a tenant without a court possession order and an eviction warrant.

Echoing what others say, I think you need to consider professional moving/packaging and delivery firms.

Your contract is over.

And it sounds like a lot has gone on between you and landlord, much better to have them out of your life that make things complicated by paying another month and trying to get more time.