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Original poster

wondering if can extend tenancy a few days

31 replies

TopazQuartz · 21/06/2023 21:40

Hi all

I'm moving out of my private rented property but not been well this week and last week was so hot in the property (it gets really hot, more than I've known anywhere else). I messaged landlord to ask if a few more days might be ok and made it clear I will work to whatever time frame he wants. No reply.

I've messaged him for the third time today to mention about an appliance that is faulty and whether he wants me to arrange removal. Still no reply.

I've always paid rent on time, am polite, etc. Myself and my child are run down so it would just help to know whether we could take a few more days (which we've offered to pay for, actually I've offered 2 more week's rent even though I won't need that, only a day or two) or not.

I'm not planning on staying overtime if not agreed, I'm more just really anxious that we both won't be well or something and it could set us back. Most of our stuff is being moved tomorrow so everything should go to plan.

Does anyone know what is the most likely scenario should we run into problems with the timing? To be honest the landlord hasn't even agreed the time with me, has only acknowledged the notice letter given (on it I query whether the date should be my rent due date or up to the date that it covers for, ie standing order goes out a few days before rent is due).

Anyone any advice / experience of this stuff. Pretty stressed and doing all this on my own with a child.

OP posts:
WilkinsonM · 21/06/2023 21:42

Basically nothing will happen if you don't vacate on the day your tenancy ends. You can stay a few more days. The sensible thing to do would be to pay the rent pro rata for the days you stayed over the end date but technically he could apply for a whole months rent rebate from your deposit I think. Send him an email proposing the first option so if he doesn't reply you have the defence that you asked and he didn't engage with you.

Original poster
TopazQuartz · 21/06/2023 21:47

Thanks, I think I have that defence now as no replies and I've made it quite obvious I'm looking for feedback and also not wanting to inconvenience him.

I spoke to shelter today and they are normally really helpful but the woman I was chatting with said I'd be trespassing and be taken to court. To be honest we are not likely to be in the property, we have a place to go, the problem is just getting the last minute tasks done and maybe needing an extra day for that or few days.

That's what I'm more worried about, the legal stuff, and that he's not replying is making things worse. He's been ok with me, but I'm not sure he ever wanted to take on the property from my previous landlady, it was gifted to him. I can't speak to the landlady she scares the hell out of me, long story, lol. (let's just say I'm not the only one that feels that way)

OP posts:
WilkinsonM · 22/06/2023 05:28

You wouldn't be trespassing 🙄 and you certainly wouldn't be taken to court for staying a few days! What stupid and wrong advice. It takes a long time to get to court to evict a tenant and they have to have grounds. You'd be long gone before anything could happen meaning no application could possibly be made!

Original poster
TopazQuartz · 23/06/2023 00:52

Thanks Wilkinson. All I wanted to know was the likely worst consequence of having to extend slightly, but I was so anxious at the end of the chat. Not wanting to criticise them though because they give excellent support, I think it was something about the interaction I had online and online chat not as clear as phone conversations I suppose.

OP posts:
hedgehoglurker · 23/06/2023 08:43

I think as you gave notice, Shelter's advice is correct. However, if the landlord hasn't been showing the property and doesn't have new tenants lined up, he is unlikely to pursue this if you have offered to pay extra.

What are the things you need extra time for? If it is the cleaning or making good holes in walls, consider the cost of this that could be claimed from your deposit vs the 2 weeks extra rent you have offered.

Do you have a move in inventory? Has he booked a check out clerk? Is your deposit protected?

Original poster
TopazQuartz · 25/06/2023 00:35

Thanks HedgeHogLurker

that's the thing there's no damage, I've just got chronic health problems which make this all harder to do. A few days or even an extra day would just help with little things like vacuuming, checking cupboards, making sure everything is gone, etc. Today I carried some bits to the car and physically wiped out. I can't do things at normal speed. You might think vacuuming doesn't take long, it doesn't, but when the vacuum stops picking up, it requires bending etc, to empty it. Little things like that are hard going for me with this heat as well.

I think it's more about just not wanting to grab stuff and go, but actually put some thought into making the place nice for them.

I agree shelter, or at least that lady might be right, but a solicitor told me trespassing isn't criminal. But I have no intention of staying if we can't. But it will feel strange not to leave the place perfect and also it's strange not to be getting any reply from the landlord.

OP posts:
Original poster
TopazQuartz · 25/06/2023 00:37

Also I seem to have a stomach bug at the moment (all week), I'm sure I'd have shook it off if not stressed. A reply from the landlord with either yes or no was all I needed.

OP posts:
Original poster
TopazQuartz · 25/06/2023 00:40

Last response, the move in inventory was done by an agents that no longer exist, about 15 years ago. That said everything is the same.

I am under the impression my deposit is protected. Does the landlord have an agent, he said his mum would come round.

OP posts:
starfall1 · 25/06/2023 01:23

You said no response - Did you text/email the landlord? If so, call him

hedgehoglurker · 25/06/2023 11:01

If you've been there 15 years, I don't think you need to be overly concerned about how pristine you leave it. I'm not suggesting you would leave it filthy, but the landlord will probably need to redecorate, new carpets, etc. Assuming this hasn't been done by the landlord in recent years.

From what you've said, the landlord doesn't sound too invested in your departure and is either intending to sell or refurbish.

The landlord might have a copy of the inventory, so try to get it to a similar condition, but 15 years wear and tear will give you a lot of leeway.

Just do what you can and make sure you retrieve all of your belongings. Did you manage to get most of your things moved out this week? Is there a lot left to do, and how long do you have left?

hedgehoglurker · 25/06/2023 11:03

I've just seen that his mum will visit, so he did respond more than an acknowledgement. When is she due?

Original poster
TopazQuartz · 25/06/2023 12:32

HedgeHogLurker, just reading the replies, thanks, but saw last reply first so just answering it. He did acknowledge my letter, about 2 weeks later, but that doesn't matter. He acknowledged it on what's app and said his mum might pop round the following week. I then requested that she wait a while (not sure I should be dealing with someone who's not the landlord? but I gave a date, not much later, which has since passed) and then asked if he would consider a slight extension. No reply. He's been online numerous times.

OP posts:
Original poster
TopazQuartz · 25/06/2023 12:33

I wouldn't have minded if it was a no, but just communication would have helped.

OP posts:
Original poster
TopazQuartz · 25/06/2023 12:38

Thanks for your other response HedgeHogLurker
I can have everything out and the place cleaned, there is no damage, just one faulty, very old appliance that I should have flagged up about 6 weeks ago but I was very unwell at the time and I was not using the appliance at all.

The carpet isn't bad at all, and will be professionally cleaned.

It's just making the next couple of days hard for me. Not for most people, but for me, because I can't run up and down stairs and race around carrying things to the car easily. All large and heavy stuff is gone. Just one table, mirror, tv and 2 boxes, which someone is coming for tomorrow evening. But it all feels like it's being cut very fine as the rent payment date is the next day and carpet cleaner is coming on that day, though first thing in the morning.

OP posts:
Original poster
TopazQuartz · 25/06/2023 12:40

starfall1

just seen your response, thanks, I will call him if need be, he's always what's app'd and I can see he's been online a few times when I've re-read my messages (to see if there was anything I'd said that might be wrong)

OP posts:
Original poster
TopazQuartz · 25/06/2023 12:42

HedgeHogLurker, I've offered 1 - 2 weeks more rent to do this at a slower pace, and explained it would still be done probably in a few days after original date. I would have thought that would be helpful if they have no funds coming in for a while.

OP posts:
YouveGotAFastCar · 25/06/2023 12:44

Shelter are legally correct, but if you paid the rent for the following month, he’d have no legal grounds to take you to court. You could try and prorata it, but that would be a lot better with his agreement. If you can’t get his agreement, you’d be better to essentially give notice again for in a months time, and pay the months rent.

Original poster
TopazQuartz · 25/06/2023 13:00

Thanks You'veGotAFastCar

something to think about. Do you know if my rent due date is 27th but covers me for the end of the month, then do I have to be out on 27th of this month when the rent is due, or have I got the whole month? Knowing that would make a difference. That said I would be fine with just 28th or 29th

OP posts:
WTFAreYouForReal · 25/06/2023 13:08

I think his lack of reply is your response. He's not willing to enter into a conversation about it so it is what is is. You need to leave on the date agreed and leave it in a reasonable condition.

WTFAreYouForReal · 25/06/2023 13:09

Can you arrange to have your things moved earlier so you have time to clean and make good by the end of tenancy date?

hedgehoglurker · 25/06/2023 13:14

Without seeing your contract, no one can answer when your last day would be. Don't suppose you still have a copy? This would show the end date of the original term and you could use the anniversary of this if you have paid the full month's rent. Ie ending 27th or 29th of the month.

It is usual to pay rent a few days early, so fingers crossed it is 29th.

Original poster
TopazQuartz · 25/06/2023 13:15

WhatTheFuckAreYouForReal

thanks, yes I can, but I'm not at all clear on the date, that's the thing. Rent payment date is 27th, but that was always to cover for the 29th. So not sure if that means that rent covers me till the 29th, or if me serving notice on 27th means that I need to be out on 27th. (I only served on 27th as that's rent payment date, but in theory the rent paid then is required by them on 29th)

OP posts:
Original poster
TopazQuartz · 25/06/2023 13:17

thanks HedgehogLurker
I have it, but the landlord changed last year and on paper it's the 18th is the payment date, but he agreed verbally and on what's app that me sticking to the old date of 27th (for the end of the month) is fine.

This is my biggest problem, everything is vague

OP posts:
Caterina99 · 25/06/2023 13:20

I manage property lettings as my job and unless we had another tenant lined up with a tight turnaround time (very unlikely if you’ve been there for 15 years) then you asking to stay longer and paying additional rent for that time would be no issue at all. We would just charge you the pro rata amount. Especially if you’d been a hassle free tenant.

I hope you get a reply from your landlord soon.

hedgehoglurker · 25/06/2023 13:20

So 29th is the due date and tenancy started on 29th? The 28th will likely be the end date, so you can stay until the night of 28th.

(Giving notice on 27th is fine, you just gave a little extra notice.)