Vacant possession query

maggiesoup

Hi all,

My son is leaving his rented flat after two years. About two months ago he enquired if he could leave a month earlier than the lease expiry date (8th September) and the letting agents said that was fine so long as he got someone else to take over a new lease, which he did and the new tenant has completed the paperwork with the Agency.

My son is moving out on 8th August but the agents aren't moving the new tenant in until 21st August (although he wanted to move in earlier) however as this is a very busy time in the industry I suspect that suits them not us .

He's also being charged rent up to 20th August. When I queried this with them, they said that my son was sent a letter saying they needed "vacant possession" of "at least 6 working days" so my query is this.... "at least" could mean them picking any figure they like, and clearly they have.... and does "vacant possesion" mean that they have the keys but he still has to pay the rent?

I know they need some time to check for cleaning & maintenance but surely the Landlord should pay for this period not the tenant?

Can anyone help clarify this for me or tell me the body I should speak to regarding rented property complaints. The flat is in Aberdeen, Scotland.

Thankyou very much.

G_M

I can only speak for the situation in England:

Your son signed a contract till Sept 8th. He has asked to end the tenancy early.

The landlord (or his agent) has no obligation to agree. If he does agree to end the tenancy early, he can specify any date, and any conditions he wants. Your son can then either agree that date/conditions, or stick with the original contract ie 8th Sept.

Remember - the landlord is doing your son a favour.

maggiesoup

G_M wrote: »

I can only speak for the situation in England:

Your son signed a contract till Sept 8th. He has asked to end the tenancy early.

The landlord (or his agent) has no obligation to agree. If he does agree to end the tenancy early, he can specify any date, and any conditions he wants. Your son can then either agree that date/conditions, or stick with the original contract ie 8th Sept.

Remember - the landlord is doing your son a favour.

Thanks for responding. No I don't the law is any different in Scotland, if anything it's better for tenants, and yes, I think the LL is good to let him move out a month earlier.

It's the letting agency I have an issue with. They agreed to let him move out early if they could find another tenant. So, son found the new tenant (a friend) - which saved the agency money not having to advertise - consequently their Reps didn't have to view the property to potential viewers - saving them even more money. The new tenant wanted to move in within a week of my son's move out date (which he thought would be legally possible, given the 6 working days vacant possession quote) but the Agency came back with a move in date of 21st August.

I personally think the agency are busy and don't want the hassle of a quick turnaround within a week.

I still don't know what "vacant possession" means, ie can they charge rent on a property a tenant has moved out of?

I imagine lots of parents are in this position because their sons & daughters don't have a sense for business yet and they take advantage of this.

Thankyou so much for answering my query and I look forward to any further help you, or other readers, may have.

G_M

maggiesoup wrote: »

Thanks for responding. No I don't the law is any different in Scotland, if anything it's better for tenants, and yes, I think the LL is good to let him move out a month earlier.

It's the letting agency I have an issue with. They agreed to his terms, ie move out 1 month early. Because he found the next tenant, he then saved them the advertise fee, their Reps didn't have to view the property and his friend was happy to move in within a week of my son's move out date. I think they are getting another 2 weeks rent because they are busy and don't want the hassle of a quick turnaround, at our expense.

And I still don't know what legal ramification "vacant possession" means, ie can they charge rent on a property a tenant has moved out of?

thanks again

'Vacant possession' means what it says. Handing over legal possession of a property in an unoccupied state.

When a tenant moves out has no bearing on whether rent can be charged. A tenant is free to go on holiday during a tenancy (leaving the property empty) but rent is still due. Similarly a tenant can move out before the tenancy ends if he wishes, but rent is still due.

Rent must be paid till the tenancy ends (whether the property is occupied or not) otherwise contract periods would be meaningless).

The agent is just that.... an 'agent' acting on behalf of the landlord. If the LL or his agent have agreed a start date for the next tenancy that is later than your son wishes, your son is free to reject this. He would then have to let the tenancy run its course till 8th sept/ Of course, this does not mean he must stay there, he can move out, but as explained, rent would still be due.

Pixie5740

The vacant possession chat has the distinct whiff of BS about it. (I live in Aberdeen and have rented 4 flats here.) I know that I have moved into a property the day after another tenant has left and vice versa.

I think it's just that your son is being charged rent up until the day before the new tenancy starts because he is surrendering the tenancy early. That's all.

maggiesoup

Yes, totally agree with you Pixie. Next fight will the the checkout, I'm sure they'll find some way of keeping some of the deposit, even though I'm overseeing the cleaning !

Thanks to all who contributed.