When should the tenants hand back the keys?

Sarahlou0606

Hi, I hope someone can help me.

We have rented our house out for the past 2 years and when the tenancy ends on the 25th March we will be moving back into the property.

The tenancy ends on Good Friday so the agent have told us that we are unable to have the keys until the inventory has been completed on the following Tuesday as they will be closed on the bank holidays and the surveyors do not work on Saturdays. We have been told it's just unfortunate that it falls on a bank holiday and there is nothing that can be done.

I can't see anything in the tenancy agreement about when the keys need to be handed back (eg if the tenancy ends when the agent in closed, they should be handed back before) I just wondered if there is an official rule or whether it does just depend on the letting agent?

It's just really frustrating because we know that the tenants have already moved out at the beginning of March but because they have paid up to the end of the tenancy they are keeping hold of the keys (which I know that they are well within their rights to) but we are missing out on 4 days because of Easter and I'm heavily pregnant!

Pixie5740

So the issue is more when the check-out inventory is done than the keys are handed back in. I can understand you not being given keys to start moving in before the check-out was done.

If the tenants have already moved out you could offer to refund a couple of days rent to get the keys handed back a bit earlier and the check-out done before Good Friday.

HappyMJ

Sarahlou0606 wrote: »

Hi, I hope someone can help me.

We have rented our house out for the past 2 years and when the tenancy ends on the 25th March we will be moving back into the property.

The tenancy ends on Good Friday so the agent have told us that we are unable to have the keys until the inventory has been completed on the following Tuesday as they will be closed on the bank holidays and the surveyors do not work on Saturdays. We have been told it's just unfortunate that it falls on a bank holiday and there is nothing that can be done.

I can't see anything in the tenancy agreement about when the keys need to be handed back (eg if the tenancy ends when the agent in closed, they should be handed back before) I just wondered if there is an official rule or whether it does just depend on the letting agent?

It's just really frustrating because we know that the tenants have already moved out at the beginning of March but because they have paid up to the end of the tenancy they are keeping hold of the keys (which I know that they are well within their rights to) but we are missing out on 4 days because of Easter and I'm heavily pregnant!

You can agree an early mutual surrender giving them the rent back for the period they aren't in the property on a pro-rata basis.

silvercar

Stand your ground. The letting agent could do the inspection on the Thursday.

Does anyone hold a spare key?

Irrespective of bank holidays, you are entitled to enter the property at the end of the tenancy. Inform the letting agents (who won't actually be your letting agents after Friday) that you will be taking back the property on Friday.

Pixie5740

You're not missing out on 4 days. If this was the 25th of another month you wouldn't be getting the keys a check-out done first thing in the morning.

littlegreenfrog_2

How much does the inventory matter? I could understand if new tenants were moving in it would be important, but unless the tenants have left the place in a state, you could just instruct the agents not to bother doing a full check out and just return your tenants' deposit so there will be nothing further for the agents to do and you can move in.

always_sunny

Tenancy should end the day before it started 12 months later, until that day it should be your right to use the premise unless you agree not to and you discount the rent pro-rata.
If the EA is closed on that day, I would return the keys through the EA letter box...

haf1

always_sunny OP have rented their house to someone and will be moving back into the property

I would suggest to simply have a friendly word with the tenants as above, offering to return a %% of the rent to have the keys back and the inspection done a few days early.

silvercar

Most people change the locks when they move in, no reason you can't do the same. Absolutely no obligation to wait until a report is done days later. You could choose to do the report yourself if you wish. Give your tenants 24 hour notice that you will be accessing the property on the last day of the tenancy for the purpose of doing the report and completing handover.

always_sunny

if the OP is moving back into their own property then they can ask the tenant about flexibility.
I guess it depends on the relationship they had! The check out inventory is for the OP benefit and can do it themselves, tenant can leave the keys on the their own letter box!
Hardly a conundrum...

Sarahlou0606

Thanks for your replies everyone. We would love to give the tenants a percentage of their rent back to enable us to move in earlier but the agent has been in able to get in contact with the tenants to discuss this. We only know they have moved out because we received a letter from council tax to say the property was declared empty and unfurnished from 1st March. They are actually in breech of their tenancy agreement because they are meant to tell the agent if the property is left empty for more than 14 days.

The agent has told us the inventory needs to be done so they can give back the deposit and I am getting more and more worried that they have wrecked the place.