SMF - Just Installed!

Not vacating on due date

Started by rk22lh, October 19, 2015, 07:50:42 AM

Previous topic - Next topic

rk22lh

Hello
I have a tenant who was due to vacate on a Friday.
I went round at the agreed time and date, but they were far from ready.
Furniture still in the flat, cupboards still full.
They were in the process of moving out.

They confirmed that they were out and ready to hand over after a few days.
I had no rent for these days - and had to cancel appointment to show the flat.

Do I charge them by taking off the deposit?
If so, what is fair?

Hippogriff

Pro-rata would be fair. An entire month is certainly feasible... but not very fair. That's a subjective opinion, of course. How many days... 2, 7? I have a clause in my tenancy agreement that covers this... I'd be due a whole month, but I'd probably request less as I wouldn't be rushing for viewings, I always take my time.

theangrylandlord

"Fair" is in the eye of the beholder.

but I vote with Hippo....pro rata is "fair" -- even the new laws (2015 Deregulation Act) seem to think this is fair.

(BTW: it doesn't sound to me like you had someone willing to move in the next day so most likely you wouldn't have received rent anyway but you did have to reschedule a viewing)

Tactically (depends on your relationship with the tenants) as you are legally entitled, you could tell them you will/can claim the full month - then wait until they cry and then say OK then how about pro rata....they will be somewhat relieved and you will look like a very nice person.

Best of luck