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Notice To Quit
Charlie79
Posts: 31 Forumite
We have been served notice to quit which is fine, we've had 8 happy years here. The notice says the Landlord requires possession from 1 May 2012 (was served in Feb so no probs there). Our issue is that they want us to hand the keys back at 09:30 on 30th April. Am I within my rights to request either a check out at the end of the day or possibly even 09:30 on 1st May? We want to clean the house on 30th and have the carpets cleaned, pretty impossible to have all that done by 09:30!
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I am assuming you are in England/Wales? Scottish housing law is different.
Firstly, what form does the notice take? There is no such thing as "notice to quit" from the LL's side of the agreement. You should have received a Section 21 notice, which advises you the LL is "seeking possession" from a date in 2 months time. Once that date is reached, if you have not moved out (and you have no legal obligation to do so), the LL then applies for a court possession order. This can take another 4-6 weeks to be granted.
So in theory, your tenancy does not end on 1 May, and they cannot insist that you hand your keys back on that date, the day before - or indeed until a court possession order lands on your doormat!0 -
Yes, legally the tenant is not 'obliged' to leave until a bailiff knocks on his door to execute a court possession order.
But does that mean that tenant should hold on until then? Of course not.
If landlord requires possession, and if the tenancy is periodic, the best way forward is for both parties to agree on a surrender of the tenancy at a convenient date.
Charlie79, this also means that your landlord cannot insist on when you must leave.
On the other hand if you do not serve correct notice to quit, and in the absence of a clear written agreement, your landlord can make you liable for the rent up to the end of the 1 month notice you should have given (assuming monthly periodic), ending with a tenancy period.
Best to discuss to find a mutually convenient date, and to put the agreement down in writing.0 -
The important date is the end of the rental period [not necessarily the same as the rent due date]. If the last day of the rental period is 30th April, don't stay the extra day, or you will be due to pay an extra month's rent. If 0930 is too early for checkout, suggest a later time.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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DVardysShadow wrote: »The important date is the end of the rental period [not necessarily the same as the rent due date]. If the last day of the rental period is 30th April, don't stay the extra day, or you will be due to pay an extra month's rent. If 0930 is too early for checkout, suggest a later time.
As DVS says, if your rental period runs from the 1st of the month, your final day of the rental period will be 30 April. Your tenancy will expire at midnight on 30 April so you need to have surrendered the property by that time or you will be into another rental period.
The LA can't insist on a checkout of 0930 given that you are legally entitled to stay in the property until midnight; suggest a later time or, if they can't make it, you could always return the keys through the letter box of the agency before midnight - make sure you have an independent witness to this. Negotiation is the way forward if possible.0 -
As we do not know if you have a fixed term or periodic tenancy, nor what 'notice to quit' you've received, it is hard to advise.
However, assuming you and the LL both agree to end the tenancy on 1st May, then you can stay till, and move out on,.... 1st May!
More here.
(corrections to any errors in that post gratefully received)0 -
The 1st of May is a Bank Holiday which is presumably why they want the keys back on the previous day. I'd only agree to this if it was convenient. That has to be taken into account when one knows precisely which day is the last of the rental-period. No-one want to be compelled to pay another month's rent for the sake of holding onto the property for one more day.
As in most things in the adult world, a bit of communication and friendly negotiation may be all that is required.0 -
BitterAndTwisted wrote: »The 1st of May is a Bank Holiday which is presumably why they want the keys back on the previous day. I'd only agree to this if it was convenient. That has to be taken into account when one knows precisely which day is the last of the rental-period. No-one want to be compelled to pay another month's rent for the sake of holding onto the property for one more day.
As in most things in the adult world, a bit of communication and friendly negotiation may be all that is required.
7th May this year. 30th April is a Monday.
Truth always poses doubts & questions. Only lies are 100% believable, because they don't need to justify reality. - Carlos Ruiz Zafon, The Labyrinth of the Spirits0 -
BitterAndTwisted wrote: »The 1st of May is a Bank Holiday
Never usually disagree with you B&T, but 1st May this year is a Tuesday? According to my calendar, the Mayday Holiday is on 7th May 2012!0 -
Mrs_Arcanum wrote: »2nd May this year. 30th April is a Saturday.
30th April 2012 is a Monday!
What planet are you lot on? :rotfl:0 -
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