7 replies to this topic

[fed up]

Hello

This is my first post, so if I get anything wrong, please feel free to offer guidance, it's most welcome.

I have a Tenant due to move out and I wanted to ask what time should they leave the premises please?

Some advice has been close of business, some have said 9am, others mid-day, so I'm unsure.

The Tenant has been thoroughly difficult and unpleasant, through-out the Tenancy, they have already gained a new premises and moved all their things into it, over a week ago.

I really just want this horrible, miserable situation to be over asap.

Thank you for any assistance.

[Grampa]

Unless the contract says differant the tenant can stay until midnight on the last day of the fixed term of their tenancy or midnight of the last day of a rental period if it is running periodic.

[fed up]

Hello,
Thanks for the reply

Little bit confusing on the finer points, can you help to clarify for me further please?

The Tenant was on a 6 month contract (AST). It says "This Agreement is made the 19th October". Further down it says "the tenancy shall be from and including 19th Oct, to and including 20th day of April".

So would the last day be 19th or 20th April and would that mean it would be say midnight on the 20th April, so I would gain keys back on the 21st?

Sorry I'm a little doh! on these things.

[fed up]

I have to book the people to change the locks, so I want to make sure I am legally ok when they arrive, or I either get charged a call off fee and then a rebook fee (eek) or I could face legal issues with the Tenant who is very much an "I know my rights" person.

[Grampa]

Who ever put the dates in the contract needs to be more careful as 6 months from 19th oct is to 18th April. What you have is a 6 month and 2 day tenancy.
The tenant has a contract until midnight 20th april but if they dont move on that date you need to get a court order. I suggest you serve a section 21(1)( now just in case they dont move out.

[fed up]

Thank you so much for all your kind time and patience with this, it's really appreciated

I served the 21 a while back, as it became apparent that the Tenant was being very unpleasant (no phone call from them, is carried out without f & c words being littered in it like confetti ).

It's been a horrific 6 months, made me incredibly ill and I'm now like a child at xmas with my advent calender, just counting down

Just want to make sure this vampire group get no more pints of blood out me

Thanks again, I so wish I'd found this forum earlier, I may have been calmer, less grey and a firmer Landlady.

[Dave A]

No use to you now, but my tenancy states "property to be vacated by 11a.m." in the same sentence as final date.

Dave

[COR]

WE can attempt to be precise about dates, procedures and liabilities but when T's choose to ignore and do their own thing the resolution is up to us. Getting the correct money is also another issue.

It seems that you want the place back and will be happy with that. That's more often the 1st priority anyway, the concern over money being later.
To be correct your T should surrender the property to you by midnight of the correct day. If they haven't they are still in possession and liable for another months rent, or until you re-let which ever sooner.Nice theory, now get it.
T's more often don't understand their responsibilities so don't act correctly, you could 'remind' them.

When they have gone why do you need to change locks at speed, many LL's don't change locks at all ?
For less stress I would maintain, polite, comms. Wait until the property is surrendered, or act on the S21 if the time comes. Do as you wish when you have possession.

Chill they have the advantage, you just have the stress.