Tenants moving out queries

Slithery

It's simply not true that you entering the property will forfeit any claim.

Smodlet

Some people just should not be landlords, or so it seems to me.

Pendrive

Smodlet wrote: »

Some people just should not be landlords, or so it seems to me.

Shame you've just wasted your time reading the thread, then. Nothing better to do than waste more of it writing anonymous sniping comments in response? Do feel free to go and pursue something you approve of more instead - don't let me stop you.

franklee

Pendrive wrote: »

I'm extremely angry that tenants have given notice of a date they will move out by, and - enabled by an LA I pay - are now proceeding to try and move out on a different and later one, without any party ever mentioning anything about this to myself until I asked about collecting the keys to my property. So I'm certainly not in the mood to ask nicely about any of it at present, and am likely to insist that the tenants vacate and return keys by their tenancy expiry and don't return at all subsequently; and to arrange that independent inspection myself for the Saturday morning.

I understand why you are angry but you should direct your anger to the right place.

You appointed the agent to fully manage the property. Therefore anything the agent tells the tenant is as if it's coming from you. The tenant has the right to rely on arrangements/assurances the agent has made. In this case the agent has overridden normal procedure and allowed key handover to be 10am Saturday, presumably as they didn't want to attend late Friday. The tenant doesn't distinguish between instructions from you or from the agent, they are legally of identical weight, so the tenant is not in the wrong if they follow the agent's instructions to be there then. Of course you can ask to change that but it's leaving it late for the tenant to be told plans are to change if it's this Saturday.

Also as the property is fully managed, the tenant would talk to the agent and it would likely not occur to them to clear anything with you too. Were they in the habit of talking with you directly during the tenancy? Usually agents don't encourage it and many withhold contact details even when the tenant asks to speak to the landlord directly.

Smodlet

franklee wrote: »

I understand why you are angry but you should direct your anger to the right place.

You appointed the agent to fully manage the property. Therefore anything the agent tells the tenant is as if it's coming from you. The tenant has the right to rely on arrangements/assurances the agent has made. In this case the agent has overridden normal procedure and allowed key handover to be 10am Saturday, presumably as they didn't want to attend late Friday. The tenant doesn't distinguish between instructions from you or from the agent, they are legally of identical weight, so the tenant is not in the wrong if they follow the agent's instructions to be there then. Of course you can ask to change that but it's leaving it late for the tenant to be told plans are to change if it's this Saturday.

Also as the property is fully managed, the tenant would talk to the agent and it would likely not occur to them to clear anything with you too. Were they in the habit of talking with you directly during the tenancy? Usually agents don't encourage it and many withhold contact details even when the tenant asks to speak to the landlord directly.

... Even when English law says they have a right to their LL's contact details... Go on blaming the tenant for the agent's shortcomings, by all means; it's what most LLs do.

G_M

Smodlet wrote: »

... Even when English law says they have a right to their LL's contact details... Go on blaming the tenant for the agent's shortcomings, by all means; it's what most LLs do.

Almost impossible to enforce unfortunately. I have yet to hear of a case where a tenant has successfully pursuaded the police, Trading Standards, or any other appropriate body to prosecute an agent for failing to comply.


Would love to hear otherwise....

kdotdotdotdot

It seems to me that the issue is both your lack of time, OP and the fact that the LA doesn't work weekends or after 5.30pm on Fridays. You need the checkout to be done on the Friday so that you can take the flat on Saturday, but the LA has told you they can't/won't because in theory the tenant could stay on until midnight that Friday (unlikely, but possible). The LA will inspect as soon as they can, which will be the following Monday from the sounds of it. But that's not good for you because you're already away.

I think the issue is your assumption that the tenants moving out and the inspection would happen on the same day and you could take possession the following day, which is compounded by the fact that the next day is a weekend.

Pendrive wrote:

I'm extremely angry that tenants have given notice of a date they will move out by, and - enabled by an LA I pay - are now proceeding to try and move out on a different and later one, without any party ever mentioning anything about this to myself

Maybe I've missed something, but how do you know that they're now lying to you about the moving out date? From your posts it seems that the tenants are moving out on Friday and the LA will be there on Saturday morning at 10am to collect the keys. Isn't it only your assumption that something dodgy is going on? What are you expecting to happen between midnight and 10am?