Rent- end of tenancy

Spinybif

My tenant gave notice and moved out a few days before date of paid up rent - coincidentally ?  day lockdown started but left some of his belongings to move later. He is self isolating and police in the area ( Lake District) have said friend cannot help as non-essential travel.
Letting agent refuses to go in and check over property or remarket on website until empty for 72 hours. I know no-one could move in but LA could at least be looking for new tenant up minimise rent loss.
Should previous tenant pay rent whilst his belongings are still in property - don't mind upsetting him, although I look after tenants very well, he is no longer my tenant and is potentially costing me lost rent. Opinion ?

[Deleted User]

By leaving behind furniture with the intention of retrieving it I question if the tenancy has actually ended
Was the notice in writing? Did you accept the notice? Were the keys returned? Did you agree to store the furniture?

Comms69

Well he's not costing you anything at the minute because as you say the market is pretty much on hold. You can go in and check it if you want to. You'd be covered under the necessity to work exemption

greatcrested

Whether the tenancy has ended is moot. Only a court could decide.

* The tenant has not provided vacant possession so tenancy continues

* the tenant has surrendered the keys (I assume?) and the landlord has accepted the surrender. Written noice was also served and accepted.

I would take the view that the tenancy has ended but that there are abandoned possessions in the property. Read:

https://www.landlordzone.co.uk/information/abandoned-possessions

Chandler85

I am not endorsing it, but if the tenant needs help to be able to move all there furniture out.  Then it would probably be covered under moving home and it is extremely unlikely a police force would fine for it.  They may choose to educate and say it isn't really appropriate but at the end of the day police officers are humans and as long as your tenant and is friend as reasonable with them then the likelihood is it would be allowed.

Your mileage by force will vary though and it shouldn't be encouraged if it isn't possible.

Comms69

Chandler85 said:

I am not endorsing it, but if the tenant needs help to be able to move all there furniture out.  Then it would probably be covered under moving home and it is extremely unlikely a police force would fine for it.  They may choose to educate and say it isn't really appropriate but at the end of the day police officers are humans and as long as your tenant and is friend as reasonable with them then the likelihood is it would be allowed.

Your mileage by force will vary though and it shouldn't be encouraged if it isn't possible.

I am endorsing it. It's a recognised exemption and no prosecution would be possible. It's literally in the law. 

mattyprice4004

As above, moving house is one exception for lockdown. 
If they've left stuff in there, give them the required notice then dispose of it; it's not your problem. 

bris

If the tenancy has been legally ended then you are an involuntary bailee as far as the possessions are concerned so no you cant charge him rent , go look up what you need to do as an involuntary bailee..

However considering the circumstances and the fact it's not essential and therefor illegal for him to move these possessions  you are being completely out of order over this to both the tenant and the estate agent. 

A_Lert

Has the tenant returned the keys?

If they have, then combined with the notice it makes it unambiguous that the tenancy has ended. They've just left belongings behind. Follow the procedures for being an involuntary bailee. (In brief, you need to take good care of the belongings and give the owner a reasonable chance to retrieve them. But you can move them.)

Remember that it is lawful to travel to work if you absolutely cannot work from home, whatever the job is. Clearing a former tenants' belongings from a property qualifies as that.

If the tenant hasn't returned the keys the situation is muddier. I would seek clarification from them. If they want to be able to come back whenever they like and let themselves in, that can only happen if the tenancy continues.

nyermen

If they've given notice, but not given vacant possession / ended tenancy under terms (keys etc), then I think they could also be liable for double rent?  (Distress of rent act)

MovingForwards

teddyjones said:

I’m on the other side, I am a tenant who hasn’t been able to pay rent due to reduced income.

how long since my first missed payment about a month ago until eviction proceedings can start? How long does it usually take once eviction process actually starts before we have to get out?

will landlords start negotiating a vastly lower rent arrangement due to lower incomes?

Are you in contact with the LL so s/he knows there's an issue and you have not just decided to not pay rent?

Can you pay anything towards it and come to an agreement to settle the outstanding rent when everything returns to 'normal'?

Are you claiming all the benefits you can?

No evictions can currently take place due to the Covid situation, when this is over there will be a backlog of evictions to get through the courts. Takes up to about 9 months in normal circumstances, unless the LL changes it to the High Court for a quick eviction.