End of tenancy - moving out early?

Icey77

Afternoon all,

My tenants are due to be moving shortly, the tenancy agreement ends on 18th June. It now seems that they are only moving a few doors down - they've taken on a nwe tenancy on a flat in the same block as of 1st June.

If my tenants want to move out early and I am happy with this - I will be moving into the property as owner/occupier - should I have to go through the letting agent or can I arrive at a cash agreement with over the days they are vacating early?

This suits me as I get to access the flat earlier than expected and can start the painting etc that I want to do.

So, should I, can I etc etc?

Thanks
Icey x

mlz1413

what service do you pay the agents for, do you have copies of the AST and the inventory.

Who holds the deposit and is the agent involved in the registration / release of this?

Icey77

They are lettings agents only (they do not manage the property). For this I pay them 9% + vat of the rent acheieved.

I do have copies of the AST and the inventory. An move out inventory check has been booked for the 18th but I should eb able to move this if I wanted?

The deposit is held by an independent third party, can't recall teh details at present though. I would ahve to check with the LA about how the monies actually get returned to the tenant.

mlz1413

Make sure you have the deposit scheme info as you need the reference number to return or dispute any value.

If the tenants want to go and you are happy to let them go early then any arrangment can be amicable. As it is only a matter of 18 days I doubt the LA will reduce any value they want and I would re-check your T&C to ensure that all fees end at the end of the AST. I assume tenants gave correct written notice via the LA.

Just ensure you put everything in writing and that you, tenants and LA are clear about what money is due - especially as you are going to be neighbours with ex tenants.

Icey77

Yup, tenancy ended via the break clause in the proper manner.

I'm not worried about getting the "x" number of days LA fee back from them, I just want to access my property and start moving in. The LA won't lose out at all.

I will work it all out with my tenants and confirm it all in writing. Any payments for the period of "x" days to be made back to tenants I will make via cheque so that there is a trail.

Many thanks:beer:

mlz1413

I was actually thinking more of you losing out by having to pay LA unexpected money. But a LL paying back the tenant for leaving early really does make a refreshing change!

Icey77

The LA deducts their 9% before paying the rent over to me. They won't lose out and I'm hoping that by offering this to the tenants we both get something out of it - I get my flat back early and they get some money

Wouldn't dream of doig any different really, seems fair all round.

Happy to show that LLs aren't all thieving, nasty, out for all they can get so and sos! :rolleyes:

Thanks for your help, much appreciated!

Fire_Fox

If the tenants are contracted/ have paid up to the 18th June you have no legal right to access the property before this time. If you want to I would suggest you get EVERYTHING in writing. Do you actually know that they don't want an overlap for the same reasons you do?

Icey77

Fire_Fox wrote: »

If the tenants are contracted/ have paid up to the 18th June you have no legal right to access the property before this time. If you want to I would suggest you get EVERYTHING in writing. Do you actually know that they don't want an overlap for the same reasons you do?

As discussed above I am getting it all in writing - it's all being done over email.

I offered it to them as a possibility that would suit us both but I would not dream of just letting myself in becuase I "knew" they had movd out. Hence I was offering to make financial arrangements with them directly.

Fire_Fox

Email isn't in writing.

tbs624

Fire_Fox wrote: »

Email isn't in writing.

On a personal level, I would use snail mail to confirm this type of thing but the fact is that email evidence can be accepted by a court: see here for more info.