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Surrender of Teanancy


kerbut

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I have a tenant who,s been a very good tenant for 5 years as he has taken a job in Grandpa,s area and he gave me notice yesterday and says he will be moving out before the 24 December when his tenancy is due to end . He really is a nice person and I am very sorry to loose him but understand that commuting from Dorset to Sussex weekly is a bit of a challenge on a Monday morning,( maybe Grandpa rented him his new property ) my question is as he will be leaving before the end date of the TA ,do I accept the keys from him as termination of the TA ?. I don't think there will be any problem with him as the last months rent of the flat went into the bank today.

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How do YOU want to handle it ? Its not quite as straightforward as you might think.

He can leave / move out whenever he likes but if he is in the fixed part of his tenancy agreement he is responsible, not just for rent but utilities as well including council tax until the end of the fixed term on 24th December. Remember, if he doesn't pay the utilities then as landlord, you will.

In your shoes I'd make sure that:

* his notice is in writing.

* all his keys are returned......after 24th Dec.

* he is made aware that he is responsible for rent & bills until Dec 24th.

* he should leave the heating switched ON low when he leaves....(you don't want a burst pipe).

* he leaves a forwarding address.

* he advises you of the gas & electricity supplier he is using.

* he returns to take meter readings on 24th Dec.

* etc etc

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Many thanks for that RL ,yes he phoned me yesterday and backed up with an email

He is a very educated man (accountant ) who is taking a position of Town Clerk which he has been doing for 6 months via an agency and has been offered a full time post , he is not the type to not be responsible for not paying utilities and they are all registered in his name. No problem with the heating ,as this was a flat we used to live in ourselves and we have decided to downsize from 5 bed ,3 bath (2 of us ) to 2 bed ,1 bath ,1 shower room and move back to the flat which we vacated 10 years ago and rent this property out . No problem its SSE and BG and it is in his TA that he has to do redirection for post.The check out inventory will deal with the meter readings etc. (done by an inventory co. we always use )

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The trouble with large houses is they often attract large families with lots of kids and a few pets.

This results in lots of wear & tear. Still, if you're prepared for the worst it won't come as any surprise.

Prepare for the worst.

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There is no problem in accepting the keys to a property its on what basis you accept them that counts.

It may be best to confirm it in writing that you are aware he vacating before the 24.12.14 but clarify the tenancy will not end before that date. At the same time ask for permission to do viewings.

Be careful about doing any works to the property during this period.

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At the same time ask for permission to do viewings.

Be careful about doing any works to the property during this period.

How is that going to work ?

The tenancy doesn't end until 24th Dec', the tenant is responsible for utilities and will need to take meter reading on 24th Dec'...... so tenant

* must retain keys until 24th Dec'

* the landlord cannot access the property until 24th December without permission and

* certainly cannot do any work on the property until after 24th Dec' without permission.

My take on a situation like this is that the tenant is paying rent & bills until 24th Dec and therefore the landlord should leave the property alone until the tenancy has ended.

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In actual fact no work is necessary so I will not enter the property to do any work before Christmas and will then leave it empty until March when we return from the winter in Spain. I also have another flat coming vacant before we go as the Doctor tenant has taken a job in Doha but he doesnt know what date in January he is leaving ,that flat needs going right through wit paint and a new Howdens kitchen needs to be fitted ,I will have to fly back for a week to get it decorated while I fit the kitchen.

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You can do anything you want as long as it is agreed by both parties. (and is legal)

1 So if the tenant returns the keys and they are not accepted as the tenancy ending the tenancy doesn't end until 24th.

2 You can do viewings before the end of the tenancy if the tenants agrees in the same manner as any other tenancy.

3 You can do any works if the tenant agrees and as long as the property remain habitual just case the tenant returned that cant cause a problem.

But yes in a ideal world take the rent and wait until after xmas before doing anything.

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