Can landlord insist I move out at a certain time?

star70

Hello,

Hopefully a quick query.

I have given 2 months' notice on my flat and will be moving out next Tuesday which is the final date of my tenancy. The contract states that I must leave and hand over the keys on the final day, but it doesn't specify a time.

We have booked our movers for 9:30am and our cleaner for 4:30pm. We perhaps naively thought that we could drop the keys round at the Estate Agents after hours.

However, the management company are now insisting that we have to hand over the keys at 3pm - they say that is the latest time we can leave and the check-out will happen at that time. It seems odd to me given that we have paid rent up to and including that day that we are being forced to leave a good 2 hours before the end of a standard business day and 9 hours before the end of the actual day. Can they do this? Is there anything I can do?

Any advice very much appreciated. I'm sure we can move the cleaner to a bit earlier or clean ourselves but we will struggle to load, move and clean by 3pm.

Guest101

Any time up to and including 23:59:59

thesaint

What (if anything) does your contract state?

greensalad

If your contract states the tenancy ends on xx date but doesn't specify a time, then the property is yours until 23:59:59

It would be courteous, however, to return the keys before the end of the working day. 5.30 sounds reasonable. Could push to 6pm.

I had the same issue with moving into a place where they wouldn't allow me to be checked-in until 4pm. But I had everything I owned stashed in a van and had to be out of my BnB at 11am and didn't want to be waiting until 4 to move in, so I just explained to them that I would be at my newly rented house at 8.30am to begin moving in and would jimmy the door open if I needed to (you're not breaking and entering if you're a legal tenant) and they quickly revised me to 11am.

PasturesNew

Technically you've got until midnight. But the agents might talkabout nobody being available at the end of the day etc and so it HAS to be their decided 3pm. Really, they shouldn't make THEIR problem (lack of staff) YOUR problem, but that's certainly the type of arrogant attitude we've come to expect from this non-creative garbage.

star70

It doesn't specify a time at all.

It says:
The tenancy... shall end on and include the 26 January 2016.

and about keys it says:
To return all keys,... to the landlord or the Agent at the end of Tenancy

and about checkout it says:
To allow access for the check of the inventory and schedule of condition at the termination or sooner ending of the Tenancy following receipt of reasonable notice from the Landlord or Agent.

Nothing at all about the time we must vacate!

Guest101 - do you mean we can insist on handing over the keys later.

agrinnall

If you were planning to drop the keys off at 4:30p.m. when were you expecting to have the check out done? I'd say that if you return keys that late in the (business) day you shouldn't expect that the check out will be done that day, which could be a problem if you're moving away and want to be present when it's done, as you should be. I'd say 3 p.m. is pretty reasonable. Your movers will be gone by 12, so just change the time of your cleaners to be there earlier.

star70

Sorry, missed the last two posts.

Thank you for all the advice. I'm going to try to push it to 5pm. We can definitely get everything done by then. I'm confident we're not in breach of contract.

star70

agrinnall, I didn't think the checkout had to be done on the same day. You make a good point though.

Guest101

Check out is often done after the tenancy finishes and the tenant has no right to be there, no more than I do.

greensalad

The problem with a checkout without you being present is that the letting agent could jump around the house in muddy boots and paint anarchy symbols all over the walls and blame it on you.

But they probably won't.

But never trust an estate agent..