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Original poster

WWYD: Tenant not agreeing on check out date.

77 replies

LondonSuperTrooper · 28/03/2014 12:39

I rented out my property via an estate agent with me managing the flat. My tenant has handed in his 8 weeks' notice period, which bang in the middle of me being out of the country. I rejected his suggested date of checking out and asked whether we can revert to the contractual date on the contract, i.e. 12th day of X month. He is refusing this check out date because he is on holiday.

Estate agent has had a chat with him with little success & is now unwilling to help as I'm managing the property. This is a very delicate situation as we both work for the same company, sitting a few feet away from each other. He is very popular within the company and very very stubborn.

My DP is suggesting releasing him early, which is right before we go on holiday. I am somewhat unwilling to release him early (which means he has given 6 weeks notice) in the event of not finding a tenant in time. Plus, the property will need some minor DIY & I'm not happy to leave the flat empty & without rent whilst we are on holiday.

I suggested to him that I would release him early if I find a tenant but otherwise his agreed check out date is 12 of X month. He is having none of it and is not budging! How can I resolve this situation please?

OP posts:
Bambi75 · 31/03/2014 14:00

I'm a landlord but I'm on the side of the tenant in this one. If he's given you the 8 weeks notice then he can leave when he wants.

This is all part and parcel of being a landlord I'm afraid.

A tenant once gave me notice when her last day of occupancy was on Christmas Eve. I had the whole Xmas period with an empty flat and new tenants didnt move in until mid jan. but the tenant gave me her notice and had been a very reasonable tenant so I just got on with it.

As others have said you need to budget for empty periods which, no matter how you try to avoid, you will always get.

Original poster
LondonSuperTrooper · 31/03/2014 14:04

Thanks for your replies. The contract was drawn up by an estate agent, but I'm managing the flat.

Beast interesting point about rolling contracts. Thanks, I'll bear that in mind.

OP posts:
cestlavielife · 31/03/2014 14:06

I wasn't there for the check out - I don't see why he needs to actually be there. so long as you have keys, you go, take note of any damage etc, take photos and then if he argues you go to the tenancy dispute service

littlecrystal · 31/03/2014 14:27

TBH I would be properly pissed off as a tenant having to give 8 weeks noticed and refused my chosen moving out date because the landlord is on holiday and does not want an empty flat without income.

Original poster
LondonSuperTrooper · 31/03/2014 14:38

Little Until recently I was renting and had to provide 8 weeks notice as well as moving out on the 30th of the month as this was the date that I moved in...... this is norm for where I am based.

OP posts:
specialsubject · 31/03/2014 14:38

tenants can give notice whenever they like, but that boring old law thing says that to be valid, the notice must expire on the day of the month that the rent is paid.

same for landlords, only their notice is 2 months minimum, it is one month minimum for tenants.

staying longer can be done by mutual agreement.

Original poster
LondonSuperTrooper · 31/03/2014 14:57

Special I actually extended my tenancy by 2 weeks. I added that info as it appeared that some people have not come across what I have said & seemed to think that I am being unreasonable. I played by the rules & handed my notice when it was required. I guess that I'm a minority!

FWIW, I accept that the flat will be empty, what I am diagreeing with is his moving out and not sticking to the required moving out date.

OP posts:
Quinteszilla · 31/03/2014 15:28

What has your own tenancy in your accommodation got to do with the tenant you have in your property?

Original poster
LondonSuperTrooper · 31/03/2014 15:32

Nothing at all. I just used it as an example as it's the same type of contract that I have for my own property and my own expectations to illustrate that SOME people do follow rules!

OP posts:
frostyfingers · 31/03/2014 15:49

Our rolling tenancy had to expire the end of the month, we moved in the first of the month and had to be out by 30th/31st otherwise we'd have to pay the rent for the following month - I didn't think that was unusual. We actually moved out a couple of days before the end of the to clean properly, but the rent was paid until the end of the month.

To me that means the tenant should have given his 8 weeks notice to finish on the day before he moved in, so if he moved in on 12th of month then move out on 11th of month.

Quinteszilla · 31/03/2014 15:56

There is no reason why you cant negotiate an earlier check out date, and an earlier end to the tenancy if both parties are willing. Op is not willing as it means she will lose 2 weeks rental income.

The last tenants we had (in the uk, our house overseas is still tenanted) had a moving out date on the 31st July as per our contract. But I would be overseas on holiday then. I told them we could either end the tenancy the week before (and they pay just 3 weeks rent for July) and we do the check out together, or they did the checkout with the agency's check out clerk but without me there.

They preferred to do the check out with me (especially after the agent told them that as per their contract the landlord paid for the check in and the tenants for the check out clerk, ie £99) and leave the property early. So it worked out fine.

Original poster
LondonSuperTrooper · 31/03/2014 16:13

Frosty Yes I agree with your post. But my tenant wants to move out around 12 days earlier than his expected move out date of the 12th!

OP posts:
Original poster
LondonSuperTrooper · 31/03/2014 16:17

Quint thanks for posting. My situation is slightly different. I may not find a tenant and for the agency to do all the relevant checks in 6 weeks.
Furthermore, my flat may require some DIY, so it could potentially be empty for far longer than the 2 weeks that I am away on holiday.

It seems that it is OK to break the contract and that the moving out day of the month stated on the contract is utter rubbish :(

OP posts:
Crutchlow35 · 31/03/2014 16:25

But London, having gaps is all part of the letting a game I'm afraid.

As posters above have said, your tenant only has to give 4 weeks notice REGARDLESS of what is in the lease.

Original poster
LondonSuperTrooper · 31/03/2014 16:35

I know, but I didn't know that the law states 4 weeks notice regardless of what's in the lease. This thread has been educational, thanks :)

OP posts:
LIZS · 31/03/2014 16:41

Your tenant can choose to physically move out early but you only do the handover on 12th. He is as entitled to his holiday as you are but if you insist on 12th can he nominate someone else to do the check out or you pay the agent to do so to suit him. Either way isn't your flat unoccupied for this period ? If you want to have work done isn't that the ideal time to do so ? Then new tenants can move in 13th .

Beastofburden · 31/03/2014 16:53

London it might be worth changing your estate agent, because they haven't given you very good advice, by the sound of it- if it was them who drew up that lease.

Do you have all the advice you need on other stuff like gas safety certificates etc?

Quinteszilla · 31/03/2014 17:31

He still needs to pay till the end of his contract term, even if he leaves early. You can ask the agency to do the check out in your absence.

HaveToWearHeels · 31/03/2014 17:33

Down time is all part and parcel of being a professional landlord, when you do your sums before you invest you work out the down time. It is not your tenants fault, he has given you 8 weeks notice which legally he doesn't have to do, therefore he can move out anytime after the 4 weeks he legally had to give but with prior arrangement with you, therefore you should let him go on a mutually agreeable date.

AgaPanthers · 01/04/2014 00:11

"He still needs to pay till the end of his contract term, even if he leaves early"

It's a monthly contract. Which means one month's notice to end on the last day of the rental period. In this case he is giving more than that.

There's nothing to pay.

MillyMollyMama · 01/04/2014 00:51

Most people give notice which accords with one months rental so there are not weeks or days to be calculated. However I have just let a tenant stay an extra week because their new house was not ready. No probelm about that at all. It has never bothered me if a tenant moves out when I am away as I get a checking clerk to do the check out and then make very sure they are deducting anything from the deposit which is fair and correct. Emails are wonderful for this process! I would let him move out when he wants to and adjust the rent accordingly. There is usually a lull between someone leaving and another tenant coming in to spruce the place up a bit, or leave it longer if you need more work done. As said above, you have saved money so you are not really losing very much.

holidaysarenice · 01/04/2014 01:20

Personally I depend it on the tenant. Those who have been good I'm not so nit picky about damages etc. Those who have arsed me around I document and bill for a lot more.

I stay within the law at all times. But the judgement of fair wear and tear v damge becomes a lot stricter if they have pissed about.

Original poster
LondonSuperTrooper · 01/04/2014 12:46

Thanks for all of your replies and advice. I promise that I've taken most of your recommendations onboard ;)

And yes, I do have the relevant gas safety certificates etc as well as appliance insurance which seems to be a waste of money!

OP posts:
HaveToWearHeels · 01/04/2014 13:41

Oh god yes, no appliance insurance a complete rip off !

Beastofburden · 01/04/2014 13:59

Another one agreeing that appliance insurance is an excellent way to pay double what you need to.