Agency want me to move out for 5 days between tenancies

Georgia12773

I am living in rented accommodation and my tenancy ends next month. I will be starting a new tenancy for the same property but with a new flatmate. The letting agent has asked me to vacate the property (with all of my belongings) for 5 days while they inspect the property and do a new inventory for the next tenancy agreement. 

As I will be the new tenant I don’t think it is reasonable of them to ask me to leave the property for 5 days during the pandemic. 

I will have nowhere to stay during these 5 days due to covid restrictions, and I myself am vulnerable to covid. 

I’ve read the governments latest guidelines but this is a specific request so not covered. 

Does anybody have any advice on how I can remain in the property?

AdrianC

You aren't "between" tenancies. Your old tenancy continues right up to the point that either you vacate the property permanently, or you replace it with a new one.

If they want you to move out, they can provide suitable alternative accommodation.

SpiderLegs

Yes. Tell them to get lost. 

moneysavinghero

Did you give notice to end the tenancy? If not tell them you are staying put and they can give you 6 months notice if they want you to vacate the property.

theartfullodger

Don't trust them.  When they change their minds after 3 days you're stuffed.

Just say no.  Stay.  Tenancy continues, periodic, with your current co-tenant also responsible for rent, even though they've gone, no paperwork required.  

Agent and landlord cannot (may not, legally impossible to prevent) this happening thanks to Thatcher's 1988 housing act.  Blimey...

princeofpounds

Why do they want you to vacate? Do they not want to come into the property with a Covid time-buffer or something? Or do you suspect ulterior motives?

There is no need for the property to be empty for the purposes of inspection or doing a new inventory. Furthermore it would be a breach of government guidelines, so I'd just go with that angle for now.

I mean I can suggest potential compromises if necessary, but this is a bit ridiculous. 

If you want to remain, just remain. They can't force you to leave the property. They can make things really awkward with regards to the signing of a new tenancy but that wouldn't be in the interests of the landlord.

grumiofoundation

Georgia12773 said:

I am living in rented accommodation and my tenancy ends next month. I will be starting a new tenancy for the same property but with a new flatmate. The letting agent has asked me to vacate the property (with all of my belongings) for 5 days while they inspect the property and do a new inventory for the next tenancy agreement. 

As I will be the new tenant I don’t think it is reasonable of them to ask me to leave the property for 5 days during the pandemic. 

I will have nowhere to stay during these 5 days due to covid restrictions, and I myself am vulnerable to covid. 

I’ve read the governments latest guidelines but this is a specific request so not covered. 

Does anybody have any advice on how I can remain in the property?

By remaining in the property. 

If you worry they will try and ‘make’ you leave change the locks. 

Have you signed the new tenancy agreement? 

greatcrested

Careful!

How is the current tenancy ending?

* you served (proper) notice? If you fail to move out you could be charged double rent (Distress For Rent Act 1737 S18 )

* you and Landlord agreed a mutual Early Surrender? As above.

* the current fixed term is ending? That does not end the tenancy and you can simply remain on an automatic periodic tenancy (see below). Once the new tenancy starts, the current one will end

* the LL served you a S21 Notice? The tenancy does not end till the LL applies to court, so again, simply remain till the new tenancy starts.

Have you actually (both tenants and LL) signed a new tenancy with the new start date?

There's actually no real justification for the gap. The ideal solution is to query/discuss it and reach a compromise eg you'll move out if they provide somewhere suitable/local for you to stay, at the same rent. They could even put you in a hotel....

Or you'll agree to do a really good tidy up, and go out for 2 hours, so they can easily do an end-of-tenancy inspection. It IS hard to spot issues with the floor covered in kids toys and pictures on the walls/clothes all over the place!

Note all the above assumes you are in Eng/Wales.

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

grumiofoundation

greatcrested said:

Careul!

How is the current tenancy ending?

* you served (proper) notice? If you fail to move out you could be charged double rent (Distress For Rent Act 1737 S18 )

* you and Landlord agreed a mutual Early Surrender'? As above.

* the curretnt fixed term is ending? That does not end the tenancy and you can simply remain on an auromatic periodic tenancy (see below). Once the new tenancy starts, the current one will end

* the LL served you a S21 Notice? The tenancy does not end till the LL applies tocourt, so again, simply remain till the new tenancy starts.

Have you actually (both tenants and LL) signed a new tenancy with the new start date?

Note all the above assumes you are in Eng/Wales.

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

If new tenancy has been signed and notice for previous tenancy had been served by the tenant(s) would the OP only be liable for 5 days of double rent? 

greatcrested

grumiofoundation said:

greatcrested said:

Careul!

How is the current tenancy ending?

* you served (proper) notice? If you fail to move out you could be charged double rent (Distress For Rent Act 1737 S18 )

* you and Landlord agreed a mutual Early Surrender'? As above.

* the curretnt fixed term is ending? That does not end the tenancy and you can simply remain on an auromatic periodic tenancy (see below). Once the new tenancy starts, the current one will end

* the LL served you a S21 Notice? The tenancy does not end till the LL applies tocourt, so again, simply remain till the new tenancy starts.

Have you actually (both tenants and LL) signed a new tenancy with the new start date?

Note all the above assumes you are in Eng/Wales.

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

If new tenancy has been signed and notice for previous tenancy had been served by the tenant(s) would the OP only be liable for 5 days of double rent? 

Yes.

And in reality a lot of landlords, and even those well-educated/trained bods working in the lettings industry, are unaware of the Distress for Rent Act.....