Ending a tenancy but landlord wants to do work whilst tenancy is still technically in contract

IronMan22

We've just bought a new home, which happened a bit sooner than we expected as the sellers wanted to meet the stamp duty deadline.  When we offered, we knew there would be some cross over with our current prorperty likely as we are in a contract until the end of August. We probably expected originally to move end of July/early August, but obviously have two properties now and eve taking our time, we will reasonably be in by mid July. 

We've told our landlord we've completed, but not formally gave notice yet. We'd obviously said if they can get a new tenant in soon, we can probably just do the work we want to do whilst in the new home, as there's a mutual benefit. But the landlord is now saying they planned to look at getting some work done when we would have left at the end of August, so would want to do this when we leave and if they can get a tenant in, they would refund. 

The landlords not going to be in any rush to do this, if they know we're still contracted. Which I can get. 

For us, if we don't rush we lose any chance of money back. But surely if/when we move, we would give them the keys back and end the tenancy (even if we still did have to pay the last months rent) and then not be liable for more council tax/bills. And we would get the deposit back then, as we wouldn't be there any any work done in the property is beyond our control. 

Suppose what I am asking is there anything we can suggest to the landlord, or any tips?

Soot2006

LL  wants to have cake & eat it. They either release you early and do their works, or it's still your flat and they don't do their works until it's not your flat any more. 

My very lovely and naive friend allowed her LL to "send her handyman" before the end of their tenancy but after they'd moved out, and then promptly tried to claim for damages cleaning on the deposit for mess left by the handyman and minor damages my friend couldn't get in to fix because the handyman was in there with his stuff all over the place and during Covid my friend didn't fancy sharing a DIY space with a stranger.  She got her full deposit back, btw, but it was an added financial stressor.

dimbo61

You are liable for council tax until the end of your tenancy contract.
If the Landlord wants to do anything other than the Gas Safe Certificate or ( EICR which should have already have been done) you want early surrender of the Tenancy agreement.
You need a signed agreement from the Landlord with the date of your early surrender.
If he wants to have work done he can set that up the Day after you leave.
Keep hold of the keys and make sure you read and take photos of the gas, electric and water meters. Pay the final bills !
Please make sure you tell the council tax people or you remain liable.
Clean the rental from top to bottom and take lots of dated photos.
It should be returned in the same condition as when you first moved in with Fair Wear and Tear to be expected.

IronMan22

Thanks all for these comments. It felt wrong and as said, like they want their cake and to eat it. 

We've formally told them we will end the tenancy on the day it is due to finish, unless we can reach agreement. They've said they would 'cover gas and electric' if we leave early but that's not definitive. 

I'll take the advice here, which is helpful, and say we're willing to surrender the tenancy early - paying rent to that point or up the end of the current month - but then would want the deposit returning and we would move out and notify council tax/utlities etc.

pluto261

Yeah, don't let any tradespeople have access (except for urgent and necessary repairs) while the tenancy is still ongoing. If they break anything the landlord could try and make a claim on your deposit for it, since technically you're not returning the property in the same condition as when you moved in, and you can't prove that you didn't cause the damage. No one should be doing any major works until your exit inventory's completed and been agreed to by both you and the landlord.

pumas

Have you changed the locks? My neighbour's (owner) mother was letting people into the house when the tenant had moved out, but still in contract. More than once the door was not shut properly, setting off all the alarms.

nicmyles

I once returned to a property I was renting after a few weeks away when the landlord knew I was moving out (I was a student), but still under contract to me.

He was in the middle of renovating the entire property when I returned - the front of the building was off, there was no functioning toilet or kitchen and my possessions had been piled into one room "to keep them safe".

I moved out that day because fortunately my other flat was ready. We settled on a few grand in cash as a payoff to never hear from me again.

EDITED TO ADD: Obviously my advice is do not let him do this.

IronMan22

pumas said:

Have you changed the locks? My neighbour's (owner) mother was letting people into the house when the tenant had moved out, but still in contract. More than once the door was not shut properly, setting off all the alarms.

No. But I wouldn't be surprised if they did try to check assuming we were going. We are moving around the corner so easy to call in daily to check etc. We will just take our time with the cleaning/repairs to put it back as was, if they don't want to agree to early surrender and neogitate on that. 

Marvel1

If the LL wants to do work they can wait until your tenancy ends or they can officially end your tenancy (refund first) early.

Mutton_Geoff

dimbo61 said:

You are liable for council tax until the end of your tenancy contract

You are liable but some councils will give you 100% discount if the property is vacant (for usually up to 6 months). Check the council's website for their local policy.