What are the consequences of not vacating the house before the notice period?

am.jovial

We have been away in another country and not been able to get back to our rented house in UK. Unfortunately, we do not have a spare key in UK with our friends. We are  trying our best to take help from friends to collect the keys from estate agent and help us out.
It now seems that we may not be able to empty the flat before the agreed end date (15 May). 
What are the consequences of this? Will there be penal charges and what would they be like? Are we better off extending the tenancy till we are sure we can get it cleared out and then plan the ending of tenancy? 

greatcrested

Speak to the landlord or his agent, explain your predicament, and see what agreement you can reach.

Who served notice - you or the landlord (via S21)?

If you served notice, you cannot "extend the tenancy" without the LL's agreement. You could of course 'hold over' on 15 May but might then be liable for double rent

tourist4ever

15th May is about still three weeks to go, why wouldnt your friend be able to clear the items if you need the help?If he is not able to perhaps ask someone else, a family member?

Check with the estate agent in terms if the property has been relet, if not and you are unable to get the flat cleared out get the end date extended, you will obviously need to pay rent until the new end date. If agent/LL agrees case solved.

if the property has already been relet or if the LL is moving back in and property is needed to them then it's a matter of seeing what you can negotiate. If all your posessions remain in the property check on the tenancy agreement if there is a clause usually it's 14 days and then items would be disposed after the initial 'warning', this would also be charged from the deposit.

If you definitely are unable to give the property back by the 15th May make sure you speak with the agent NOW, don't just wait until the end date as you will have possible fees to pay then ie aborted check out charge and the agent in generally wont be happy about the heads up.

AdrianC

am.jovial said:

We have been away in another country and not been able to get back to our rented house in UK. Unfortunately, we do not have a spare key in UK with our friends. We are trying our best to take help from friends to collect the keys from estate agent and help us out.
It now seems that we may not be able to empty the flat before the agreed end date (15 May).

Get a spare key cut locally. Post it to them. They'll have it WELL before the 15th May.

What are the consequences of this?

Minimal, currently.

Will there be penal charges and what would they be like?

Nobody will go to prison... Nor will there be any penalty charges.

Are we better off extending the tenancy till we are sure we can get it cleared out and then plan the ending of tenancy?

TALK TO THE LANDLORD. Apart from anything else, he may well assist your friends.

Who gave notice?
The landlord? If you don't move out, he can't take any further action. He can't seek a possession order until this is all over - the courts aren't accepting applications. Pay your rent until you can move out.

You? I s'pose the landlord could theoretically say that you've vacated and treat your possessions as abandoned... But if you can show that you've made reasonable attempts in the current circumstances, he'll be in a world of trouble for doing so.

am.jovial

greatcrested said:

Speak to the landlord or his agent, explain your predicament, and see what agreement you can reach.

Who served notice - you or the landlord (via S21)?

If you served notice, you cannot "extend the tenancy" without the LL's agreement. You could of course 'hold over' on 15 May but might then be liable for double rent

We served the notice. We just got our friend collect really needed personal stuff. Remaining either we can get it cleared if and when removal service and recycling places are open. Otherwise, we will have to just leave it in the flat and estate agent may have to sort it out. 

Slithery

If you gave notice and then fail to vacate the property then the landlord is legally entitled to claim double-rent from you until you vacate.
Can you not just hire a van and clear the property?

am.jovial

tourist4ever said:

15th May is about still three weeks to go, why wouldnt your friend be able to clear the items if you need the help?If he is not able to perhaps ask someone else, a family member?

Check with the estate agent in terms if the property has been relet, if not and you are unable to get the flat cleared out get the end date extended, you will obviously need to pay rent until the new end date. If agent/LL agrees case solved.

if the property has already been relet or if the LL is moving back in and property is needed to them then it's a matter of seeing what you can negotiate. If all your posessions remain in the property check on the tenancy agreement if there is a clause usually it's 14 days and then items would be disposed after the initial 'warning', this would also be charged from the deposit.

If you definitely are unable to give the property back by the 15th May make sure you speak with the agent NOW, don't just wait until the end date as you will have possible fees to pay then ie aborted check out charge and the agent in generally wont be happy about the heads up.

We don't have any family members there. Even friends are worried due to covid situation so helpless to do much. Luckily, one of our friends collected the keys and really needed personal stuff.  Remaining either we can get it cleared if and when removal service and recycling places are open. Otherwise, we will have to just leave it in the flat and estate agent may have to sort it out. 
We are talking to cleaners and removals and see if we can get everything cleared but they want to visit the property before confirming. And, we are dependent on friend's timings to sort this out. We have indicated to the estate agent we may not be able to get it emptied by 15th due to removals not working and recycle places being closed. And they (estate agent) are waiting for our confirmation if we can really do it by 15th.
Thank you for your time and help here.

am.jovial

Slithery said:

If you gave notice and then fail to vacate the property then the landlord is legally entitled to claim double-rent from you until you vacate.
Can you not just hire a van and clear the property?

We are not in UK and are dependent on a friend to do it. He is already bit stressed about covid infection chances so will do only a minimum bits. I am actually lucky I got him to get my personal and important stuff out. Even if someone collects it in a van, where can they dump it? Recycling places are closed right ?
I am hoping if end of tenancy cleaners sort it out .

am.jovial

AdrianC said:

am.jovial said:

We have been away in another country and not been able to get back to our rented house in UK. Unfortunately, we do not have a spare key in UK with our friends. We are trying our best to take help from friends to collect the keys from estate agent and help us out.
It now seems that we may not be able to empty the flat before the agreed end date (15 May).

Get a spare key cut locally. Post it to them. They'll have it WELL before the 15th May.

What are the consequences of this?

Minimal, currently.

Will there be penal charges and what would they be like?

Nobody will go to prison... Nor will there be any penalty charges.

Are we better off extending the tenancy till we are sure we can get it cleared out and then plan the ending of tenancy?

TALK TO THE LANDLORD. Apart from anything else, he may well assist your friends.

Who gave notice?
The landlord? If you don't move out, he can't take any further action. He can't seek a possession order until this is all over - the courts aren't accepting applications. Pay your rent until you can move out.

You? I s'pose the landlord could theoretically say that you've vacated and treat your possessions as abandoned... But if you can show that you've made reasonable attempts in the current circumstances, he'll be in a world of trouble for doing so.

We gave the notice. We hope the force majeure comes into play and letting agent or landlord do not charge a bomb or penal/double rent etc.
Just want to avoid any issues or inconvenience them but in these exceptional circumstances we are also helpless. 

Slithery

There are plenty of authorised waste removal firms still working. Have you tried contacting any of them to clear the property for you?

greatcrested

You served notice.

The legal position if you fail to clear the property is either

* the tenancy continues as you've failed to vacate. You can be charged double rent (Distress for Rent Act) until such time as you hand over the tenancy, or

* the tenancy has ended but you left 'abandoned possessions'. The LL/agent can clear the property, at your expense. As the possessions are yours he has to keep them safe for you to collect, again at your cost. If you fail to collect them he can sell them and use the money to pay for the storage/removal costs. Unless of course you have given him written authority to dispose of the items - this is your cheapest option if you do notwant the items back, so talk to the LL/agent.

I don't know about where you are, but my local recycling/waste centre is open for commercial businesses, not the general public, so you could pay a 'man with a van' or removals company to clear the property and dump the stuff.