Tenants left belongings in property - what next?

Suseka97

canaldumidi said:

* if tenant confirm in writing they don't want the things, dispose ofthem and deduct any cost from their deposit

* if they don't confirm, then be careful. There are 2 potential risks

1) you dispose of them and they then claim for the cost of their belongings. See the link artful gave above for what to do

2) they claim that as they have left things there, the tenancy is not ended! Was the notice legally served and accepted? If there is any doubt as to how/whether the tenancy ended (returning keys is not necessarily enough!), then acting as if it IS ended could lead toaclaim for illegal eviction. Unlikely, but if the tenants "haven't been the easiest to deal with" they might act awkward. You know them better than we.

That's a useful point - as I understand it they handed in their notice in writing, although I'll get her to double-check this.

They've been wanting to leave for a while and gave in their notice (in writing and via telephone calls to the LA) more than once - but when the time came they would have a reason why they needed to 'extend' their notice period.  I have to admit, I'd always thought that if a tenant handed in their notice, they had to leave - but apparently not.

This time they moved most of their stuff out, bed, fridge, TV etc and handed the keys over, leaving some crappy old furniture and a bag or two of clothes and a few other bits and pieces behind.  

Anyway, I've sent her the links to read and said I would go over with her next weekend and see what I can do to help.

canaldumidi

Well the 'notice' does sound vague. To be binding it must be unambiguous, have a specific date for the final date, and be sufficient length of notice to satisfy either statute or contract law (as appropriate).

Or it could ignore the notice period and be based on agreement, meaning a clear agreement between LL and tenant that the tenancy will end on xx date.

But here we have the tenants (requesting?) to extend the tenancy beyond the notice period and/or withdrawing their notice, and presumably/critically, the LL (or his agent) agreeing to this.

But where proper notice is served, the tenancy does end on that date. The landlord can then charge double rent if the tenant fails to leave (Distress For Rent Act 1737 S18 ), though it wise not to demand rent for this period (or a new tenancy is created), Instead claim 'mesne profits' (google it!)

Suseka97

This has all been incredibly useful and has certainly opened my eyes to the complicated world of renting.  Anyway, it's given me enough to reach out to my friend with and I'll sit down with her in the next few days to try and bottom this out.  I gather her LA kept agreeing to the extensions, basically saying that there was little else they could do and my friend was also not wanting to create unpleasantness.  Their reasons for needing to extend sounded legitimate and largely due to a lack of rentals in the area and affordability (they need something bigger).

I don't get a sense that they are malicious, just a little thoughtless and I also get a sense that her LA's were very sympathetic to their situation and were not really doing the right thing by their client, the LL.  But they clearly said the tenants had given written notice to leave on a set date and that's what they did, but I will suggest she see's it for herself in writing.

Fingers crossed this gets resolved without too much further upset.

GrumpyDil

LA was probably happy to extend as keeps their fees going. As stated above strictly the only person who could agree to allow the tenants to withdraw their notice is the landlord (your friend). 

If she let's again I'd find a new agent. 

Suseka97

GrumpyDil said:

LA was probably happy to extend as keeps their fees going. As stated above strictly the only person who could agree to allow the tenants to withdraw their notice is the landlord (your friend). 

If she let's again I'd find a new agent. 

Thanks, she's definitely decided to not let again.  

Unfortunately she made the mistake of not fully understanding the rental industry and having decided to move in with a partner, she let out her property under the mistaken belief that if things didn't work out that she could simply move back in

She now realises that was somewhat naive and I wish her family would have paid her a little more attention to avoid this very thing.  I certainly would have warned against this, at least not to do so unless she was convinced moving in with the partner was a long-term thing.  But we all have to live and learn from our mistakes - it could well have worked out, it's just a shame it did not.

The most important thing now is, from what I've read, is to ensure that the notice was given/accepted properly and that the tenants put in writing that they no longer require the goods and chattels left behind.  I'll update this thread with how things turn out.

Silvertabby

Advise your friend to change the locks before she starts moving her own things in.  Just in case....

Suseka97

Well I said I would be back to update, so here it is.

My friend did get confirmation (and a copy of the email sent to the LA) that the tenants intended to move out on a specified date and return the keys, the email also went on to confirm that they would pay all outstanding rent owed up to that date, which they did.  

However, they said on the phone that they didn't want their stuff but looking at the contract it states that they need to confirm this in writing, which they haven't.  The contract states that failure to remove items will result in them being given 14 days notice to collect their belongings, failing which the LL can dispose of them and claim back any costs against the deposit. Unfortunately the LA doesn't appear to be following any of this through and she is having to chase them repeatedly for confirmation the notice has been sent etc.   They are a shoddy outfit and I've suggested she should raise a formal complaint (she has many stories of how badly they have handled things over the last 6 months or so).

An end of tenancy inspection was carried out last week and a report written on the condition of the property, which is not good.  Aside from it needing to be professionally cleaned, there are other works to be done before she can move back in and so it'll be a good 6 weeks or so I guess before that happens.  

She's in naturally very upset, but once she can get their belongings disposed of she can start the process of making good the property and returning it to the state it was before she let it out.  A hard life lesson, but there's light at the end of the tunnel.

canaldumidi

Whatever the contract says, she is also bound by the law which has already been explained, with links.

The checkout inspection may say it needs to be 'professionally cleaned', and/or 'other works' are needed before she can move back in, but both of those are dependant on the condition it was in at check in, usually as described in the inventory.

For example, if the property was dirty at check in, the tenants are within their rights to leave it dirty when they go! See my post:

Post 3: Deposits: Payment, Protection and Return.

Suseka97

canaldumidi said:

Whatever the contract says, she is also bound by the law which has already been explained, with links.

The checkout inspection may say it needs to be 'professionally cleaned', and/or 'other works' are needed before she can move back in, but both of those are dependant on the condition it was in at check in, usually as described in the inventory.

For example, if the property was dirty at check in, the tenants are within their rights to leave it dirty when they go! See my post:

Post 3: Deposits: Payment, Protection and Return.

Yes and all duly noted (and I have read those links thank you).

I should perhaps have explained further that she knows there is a process now to follow with regards to claims against the deposit and she can evidence how clean the property was before they moved in.  The tenants have damaged the internal walls, doors and bathroom fittings - they have not cleaned anything, not even wiped down the kitchen surfaces and there is mouldy and burnt food leftovers in the oven (I could go on, but I hope people get the gist).   When I went to the property with her on the weekend I couldn't go in because it absolutely reeked of cigarette smoke (the contract specified no smoking) and there was other strange odours that I didn't wish to explore!

The whole place is in a poor state and she was visibly shaken by it all, but it can be cleaned and redecorated - until then she cannot move back in its just not liveable right now.  I don't know what sort of inspections the LA was carrying out, if any - but of course there was Covid to contend with and I imagine tenants were well within their rights to refuse anyone entry.  

Anyway, I would hope the worst is over for her and she can move on - I just wanted to update folks who took the time to respond and thank everyone for their contribution.