We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

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

2»

Comments

  • am.jovial
    am.jovial Posts: 155 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    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.
    We are in Writtle, Essex. And, google says the recycling place is closed. When I check here, it says all recycling centers are closed. I had called couple of removal guys and they had said, removal services and recycle places are closed (guess tile 3rd may as of now, not sure about the exact date). 
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    Slithery said:
    There are plenty of authorised waste removal firms still working. Have you tried contacting any of them to clear the property for you?
    ?
  • am.jovial
    am.jovial Posts: 155 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    Slithery said:
    Slithery said:
    There are plenty of authorised waste removal firms still working. Have you tried contacting any of them to clear the property for you?
    ?
    Our regular cleaning guy agreed to do end of tenancy cleaning and removal. Hopefully they will be able to sort it out. Thank you for all the help and pointers in the right direction.
  • Crashy_Time
    Crashy_Time Posts: 13,386 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    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

    Very unlikely in the present situation, more likely that the landlord will be happy to keep taking normal rent instead of having a "rent holiday" imposed on him, with legal proceedings later that he won`t win, unless of course he has new tenants lined up, then in that case the OP could allow the landlord to clear the flat and bill them for removal/storage. The OP should be seeking advice from Local Authority/Government website/hotline, not the landlord or his agent.
  • Crashy_Time
    Crashy_Time Posts: 13,386 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    edited 30 April 2020 at 8:54PM
    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.
    That is in normal times, we are not in normal times and the government has said that the eviction process is on hold or changed for the duration of the crisis.
    Dump the stuff? They presumably want their belongings back and transferred to a new place?
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.1K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.2K Work, Benefits & Business
  • 600.9K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.