Student daughter told to leave several days early

Florrie_Fimble

Afternoon,

My daughter has a tenancy that ends on 30th June. The letting agency have contacted her and told her to choose an appointment time for booking out in order to "leave a few days early" so that the property can be made ready for the new tenant. It seems that they have let the property out the very next day.

Since rent has been paid up to and including this date and is the end date on the tenancy agreement, I do not feel they can arbitrarily make her leave because they've decided to put someone in the next day.

Their position is that she has to leave the day they can inspect the property and that since they don't have appointments left on this date, she needs to leave earlier in order to accommodate them. I feel this is quite incorrect but wondered if there were any legal standing on it that she could wave at them in order to be left alone.

Thanks for any assistance.

jjlandlord

Quite obviously she is entitled to stay until 30th June and they can't do anything to prevent her from doing so.

So the agent should be understood as making a request.

She can accept, refuse, or state her conditions.

Pixie5740

Tough Titties for the LA. Your daughter doesn't have to leave and the LA can't force her to leave early just because they've cocked up.

If your daughter is able to leave a couple of days early though she could ask the LA for a financial incentive to do so.

princeofpounds

She does not even have to leave on the 30th. Only a court order or a mutual agreement can end a tenancy (in normal circumstances).

Presumably your daughter has received a Section 21 notice, but this is technically just notice that the LL may seek to recover possession. Obviously you normally obey it anyway, but she definitely doesn't have to go anywhere early as jjlandlord says.

LL/LA being very cheeky.

If they hassle her, then they might be at risk of committing an illegal eviction.

ACG

AND the rent for the difference in days back.

Annie1960

Florrie_Fimble wrote: »

Since rent has been paid up to and including this date and is the end date on the tenancy agreement, I do not feel they can arbitrarily make her leave because they've decided to put someone in the next day.

You are correct. She should stay until 30th.

Find out if the LA is a member of ARLA, NALS, TPOS or similar and report them for malpractice.

If nobody stands up these bullies, they will keep treating people badly.

If the LA is not a member of any of these bodies, report them to Trading Standards.

WestonDave

She is entitled to proper undisturbed occupation until the end of her tenancy (and even then if they want her out and she doesn't want to leave they'd have to go to court to achieve that which would take weeks!).


That said there is room for bargaining here, given that she may be able to leave early. I'd be saying that if they are prepared to refund the deposit in full in advance and refund the unused portion of the rent, then she will make an appointment for booking out prior to the 30th. If not then it will be 5:30pm on Monday 30th when she attends their offices to hand in her keys! Cheeky sods are playing on a youngster's inexperience!

Florrie_Fimble

Thank you very much for everyone's advice. This LA have been a PITA for months and I believe she'll be happy to see the back of them and move into her new place.

I do not believe she received a Section 21 - they just didn't let her renew her tenancy when she asked to and advised her that the property had been rented out to someone else.

WestonDave

She may have had a S21 issued with the tenancy at the beginning - if not and they haven't issued one since then she is entirely free to stay as her tenancy will revert to an ongoing periodic tenancy. That would be a bit of an "oops" for the LA!

Pixie5740

Are you sure your daughter hasn't received a section 21 notice? Has your daughter given the LA notice that she wants to move out? Just because the fixed term is coming to an end doesn't mean that the tenancy ends.

Just to check, where is this rental property based? Scotland, England, Wales, NI? There are different rules on how to end a tenancy depending on where the property is located.

Florrie_Fimble

She wanted to stay for her last year of Uni - she emailed the LA to that effect. They essentially came back and said that it had already been rented to someone else.

Her inability to renew the tenancy of the last few years curiously coincided with her attempting to get her water supply fixed and several other complaints about maintenance. Moving has of course incurred lots of irksome expenses so I do think I'll encourage her to write a letter to them stating her grievances and asking for sight of the S21.

This is in England.