Does Mum have to pay flat rent AND her care home fees?

theartfullodger

No, Mum does not have to pay.  A kind considerate and caring relative could pay for her.

Merely a comment, not any criticism.

Best wishes to all especially Mum.

greatcrested

caprikid1 said:

GDB2222 said:

Your notice to end the tenancy is still valid, even if you don’t clear everything out of the place. The landlord is entitled to charge for arranging clearance, cleaning, etc. It’s possibly cheaper to arrange that yourself, but why not speak to the landlords? 

They also have to store the stuff for a period of two weeks, if I recall correctly, to allow you to collect it. If you’re not going to collect the stuff, then tell the landlord now.

Could the landlord argue that the property is not vacated and still charge full rent ?

We can't see the precise nature or terms of your mum's rentalcontract, but if she (you) does not vacate the property (including possessions) then the tenancy continues and she remains liable. Possibly to double rent for failing to abide by the notice served (Distress for Rent Act).

One would hope in the current climate, though, that Abbeyfield would be sympathetic/flexible - so a discussion is definately the first step.

Gov guidance does not prohibit you from removing her possessions though, I believe:

12. Can I move house?

Homebuyers and renters should, where possible, delay moving to a new house while measures are in place to fight coronavirus.

If moving is unavoidable for contractual reasons and the parties are unable to reach an agreement to delay, people must follow advice on staying away from others to minimise the spread of the virus.

https://www.gov.uk/government/publications/coronavirus-outbreak-faqs-what-you-can-and-cant-do/coronavirus-outbreak-faqs-what-you-can-and-cant-do

Comms69

Slithery said:

caprikid1 said:

Could the landlord argue that the property is not vacated and still charge full double rent ?

FTFY.

Indeed. Though i'd pay to sit in the court room for that judgment.

xylophone

If moving is unavoidable for contractual reasons and the parties are unable to reach an agreement to delay, people must follow advice on staying away from others to minimise the spread of the virus.

On that basis, the OP has formally given notice, the flat is empty and assuming that he can hire and drive a van, he could leave very early in the morning and clear the flat (presumably only a one bedroom property) within the day and without coming into close contact with anybody?  

HampshireH

GDB2222 said:

Your notice to end the tenancy is still valid, even if you don’t clear everything out of the place. The landlord is entitled to charge for arranging clearance, cleaning, etc. It’s possibly cheaper to arrange that yourself, but why not speak to the landlords? 

They also have to store the stuff for a period of two weeks, if I recall correctly, to allow you to collect it. If you’re not going to collect the stuff, then tell the landlord now.

No they dont. Where is that legislation?

If they return the keys and give back possession then they are doing so on the basis that they are done.

I dont believe TORT legislation specifies any timescale. (Please do correct me if im wrong)

It also may be different if it were an eviction (again please advise on legislation but manyvargue the eviction process is enough notice to have removed belongings and so use a very short TORT window) but they are willingly giving the keys back as vacant possession.

Socajam

Milliethepoodle said:

My 88 yr old Mum moved into a care home on 25 March the day the COVID lock down started.  We'd given notice on her flat to be out by 30 April (this on the other side of the country).  Its clear that we won't be able to hire a van, take stuff to charity shops/recycling centres etc as they aren't open and it isn't essential travel. So we can't clear and clean Mums flat by the deadline by government COVID rules.  She was living in a rented Independent Living for the elderly flat (paid for by renting out the family home) her care home is more expensive.  She just can't afford both.  Can Abbeyfield still charge us rent beyond the end of April?  The original contract doesn't have any clauses for "acts of God", "COVID lock down" or "government bans on travel".    If these were normal times I think the Independent Living place would absolotely be within their rights to charge us but under the circumstances?  Any advice on how to argue this with them would be wonderful.  Thanks

I think you meant how to negotiate with them ....