Leaving flat before end of tenancy arrangements

sn1987a

Hi!

I have given my 2 months notice, but I am going to leave the flat 2 weeks before the end of the tenancy.

I would like to know my responsibilities for these two last weeks that I will not be in the flat (except from paying rent and council tax, which I will).

My plan was to do the checkout 2 weeks before the end of the tenancy and hand in the keys earlier. The checkout company told me that I am still responsible for the flat for the remaining 2 weeks if something happens but they couldn't explain me further what could happen. I don't want to leave a clean flat and 2 weeks later receive a phone call that the flat is full of dust and spiders (which will be the case 2 weeks without anyone in the flat) and that the deposit will not be returned in full.

If the checkout takes place on the last day of tenancy and I am not there, then the decision is final and binding, according to the estate agent, which I think is unreasonable since I will not be able to be there.

Any advice?

kerri_gt

in my experience the checkout will be done when the tenancy has expired, whether you give the keys back or not (who is to say you won't have an extra key cut then access the property after the inventory checkout for example?)

It is highly unlikely that in the space of two weeks a clean flat with no one living in it will suddenly become filthy of its own accord. I would however, ensure you turn off the stopcock before leaving. Obviously turn off all electrical appliances such as the fridge (which you will have emptied and cleaned) when you exit the property as well.

Your responsibilities to the property in those two weeks are the same as they are now as a tenant.

theartfullodger

You can leave any time you like but yes, you are responsible.

In your shoes I would take LOTS of photos of the place (perhaps low-ish resolution - think that through..) ideally with a witness. And photos of meter readings - obviously they might go up a little bit before end of tenancy. I'd also write/email council tax, utilities with relevant meter readings & your last responsible date.

Presumably deposit is protected so dispute any deductions with the deposit scheme if there is an argument.

For future reference you don;t need to give 2 month's notice, just at least 1 month ending on end-of-tenancy-period day. That contract says 2 months is almost certainly ignorable. See
https://england.shelter.org.uk/housing_advice/private_renting/ending_a_periodic_tenancy

sn1987a

Thank you for your replies. I am thinking of the worst scenario:
- estate agents showing the flat and having dirty shoes, immediately floor is no longer clean
- the shower head is dripping, a problem we have contacted the management team about and they haven't fixed yet. The shower will not be as clean with water dripping for two weeks. I can't turn off the water supply, the stopcock is inside a fake wall and I can't access it...

Mossfarr

As 'Artfull' says - take loads of dated photographs - of everything! I would save all the photos on a couple of SD cards and give one to the Agent when you hand in the keys. Get them to sign for it, if they won't take a photo of it on their desk and have a witness with you!!
Keep hold of the other SD card as your evidence, with copies of any correspondance regarding repairs you have requested, to send to the tenancy deposit scheme if they try to make deductions from your deposit.
Can't trust the little blighters LOL x

G_M

The trouble with your photos will be that they are dated 2 weeks prior to the tenancy ending. they thus may give an indication of the condition, but it can easily be contested. In 2 weeks, much damage and/or dirt can be done (in theory).

The ideal would be to agree with the LL/agent that the tenancy be ended 2 weeks early, inspection done and keys returned.

You could offer to pay the equivellant of 2 weeks rent in return for this early surrender, so the LL is not out of pocket. Indeed, he could then market the property sooner and may even get a new tenant in before the 2 weks are up.

Note that in this case, he would not be receiving double rent, since your payment is not in fact rent, it is payment in return for his agreement to the ES (hence I suggested 'equivellant' of 2 weeks rent.

CIS

I would like to know my responsibilities for these two last weeks that I will not be in the flat (except from paying rent and council tax, which I will).

Whether you remain liable for the council tax depends on the situation.

What was the period of the fixed term on the original tenancy ?
If you have passed the end of the fixed term, did the tenancy revert to a statutory periodic monthly tenancy or was there a contractual term written in to the contract as to what happens after the fixed term ?

Craig

sn1987a

CIS wrote: »

What was the period of the fixed term on the original tenancy ?
If you have passed the end of the fixed term, did the tenancy revert to a statutory periodic monthly tenancy or was there a contractual term written in to the contract as to what happens after the fixed term ?

Our contract ends next year, but with two month notice we could leave this July or later. My understanding is that I am responsible for the council tax, unless the landlord finds a new tenant.

G_M

sn1987a wrote: »

Our contract ends next year, but with two month notice we could leave this July or later. My understanding is that I am responsible for the council tax, unless the landlord finds a new tenant.

So to be clear, you signed a fixed term contract (12months? 24?) yes?

And there is a Break Clause? Saying......?

(though my advice above stands.)

Marvel1

Moving out early gives you an advantage in terms of clewning, although wouldnt do it 2 weeks earlier.

sn1987a

G_M wrote: »

So to be clear, you signed a fixed term contract (12months? 24?) yes?

And there is a Break Clause? Saying......?

24 years fixed term contract with 12 months break clause, 2 months notice required.
"The tenant or the landlord as the case may be shall have the right to determine the term hereby created by the one giving to the other as the case may be not less than two months notice as adoresaid which shall not become effective at earliest before 5/6/17 and upon the the expiration of such notice this agreement and everything herein contained shall cease and be void subject nevertheless to the rights of the parties hereto in respect of any antecedent breach of any of the covenants herein contained."