Tenant rights - check out weeks before end of tenancy?

kelsososo

I got a call from my agents saying they've got an email for a reference for me and my partner (we're moving) and to send it back asap as we're moving in the new property this weekend... she went onto say that i am meant to let her know if the property is vacant so she can do a 'check out' with me... but my tenancy agreement doesn't finish until 16th feb??? I said this to her and of course we've paid rent to cover up until this date and she said i have to tell her and complete this with her.
I'm thinking they just want to get this over with so they can gain extra cash and get another tenant in sooner.
Can they do this? Is because we won't be living in the property I have to check out with them much earlier than my tenancy end date?
(the reason by the way we're out so early is that i'm due to have a baby within the next 3 weeks and don't want to be moving with a new born)
Thanks

ChristmasBlies876

Tell them they can do a check out, but you'll be keeping keys until the 16th.

Anything they highlight in regards deposit. Fix.

Sign nothing.

princeofpounds

There may be an element of aiming to replace you early. However what will be more important for the LL is that the property is occupied enough to maintain insurance cover (which usually sets maximum periods of non-occupation.

That is why many ASTs place a similar duty on tenants; have you read yours?

In any case it is good manners not to abandon a property for long periods of time without discussing it with the LL.

I would have thought you would both be better off arranging an early end to the tenancy anyway, once moved.

flora48

There is a Council Tax implication here too, my tenant left before the end of the tenancy without telling me. He began paying CT on another property leaving me with a bill to pick up as the one month exemption had been used up before we could start with a new tenant.

A touch of common courtesy wouldn't have gone amiss. LLs have bills to pay as well.

Guest101

flora48 wrote: »

There is a Council Tax implication here too, my tenant left before the end of the tenancy without telling me. He began paying CT on another property leaving me with a bill to pick up as the one month exemption had been used up before we could start with a new tenant.

A touch of common courtesy wouldn't have gone amiss. LLs have bills to pay as well.

?!

Your tenancy should state tenant responsible for CT for duration. If it doesn't unlucky.

LL can't claim rent on the same property twice for the same period.

flora48

Didn't want to claim rent twice over, just didn't want to pay CT, he used up the exemption, yes the tenancy aggreement did state he was responsible for CT till end of tenancy but getting the money is another story.

ChumpusRex

flora48 wrote: »

Didn't want to claim rent twice over, just didn't want to pay CT, he used up the exemption, yes the tenancy aggreement did state he was responsible for CT till end of tenancy but getting the money is another story.

If the tenant has a fixed-term tenancy, then they are automatically responsible for council tax until the end date of the tenancy.

If they move out early, you just write to the council saying that the tenant is liable and enclose a copy of the tenancy agreement as proof. Let the council chase the tenant for it.

Note that this is not the case if the tenant is on a rolling monthly tenancy. If that is the case, then the LL becomes liable on the day that the tenant moves out.

Kynthia

Guest101 wrote: »

?!

Your tenancy should state tenant responsible for CT for duration. If it doesn't unlucky.

LL can't claim rent on the same property twice for the same period.

The tenant was liable and claimed an exemption for the property being empty. Then once the tenancy had ended the landlord became liable and hoped to claim this exemption until new tenants were found, but discovered the allowance had been used up. The tenants haven't done anything wrong as they claimed an allowance they were entitled too, but recent reductions in the length of the allowance by councils has caught a few landlord (and buyers) out.

flora48

ChumpusRex, the council did not chase the tenant as he was paying CT on another property in the borough. I was left to pick up the bill. I suppose I could have pursued it through the courts but then the cost mounts up. I just wanted to make people aware that there is a CT implication in this circumstance.

System

You would stand absolutely no chance if you attempted to take him to court. He has done nothing wrong unless his contract with you states that he can not claim exemption. Even then it would get thrown out as you can not dictate how a tenant deals with CT provided all is done lawfully.

You are just peeved that you didn't get the perk.

kelsososo

I never realised I could have arranged an early end of tenancy. I checked my contract and it didn't mention anything so assumed this wasn't available.
I've also checked it for non occupancy and it doesn't mention this neither.
Anyway, I'm going to have to rearrange this 'check out' as with me being heavily pregnant, it's hard to move everything out during one day and clean the old property.
Thanks for all your inputs