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Keys

Started by TomTomTom, August 12, 2014, 12:48:10 AM

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TomTomTom

When does the tenancy starts?
Has the tenant the right to get the keys at 00:01?
I had now the problem a tenant demanded the key at 00:01 and because of the inventory company he gots the key at 10:45.
His position is now he will be move out not on the last day, he will move out at 10:45 the next day because he demanded the key for midnight what was not possible.
Therefore he paid for the full day and has now the right to stay the 10:45 hours longer.
But that is a sunday so the inventory company will not come.

What should I do?

Hippogriff

Yes, actually - think about it - the Tenant gets the property for full days, not portions thereof.

Most, normal, people would not want to take the keys at 00:01, or 00:00:01 even, but it sounds like you're dealing with someone who has some kind of point to prove.

My advice would be to just let this rather difficult sounding person get on with it... obviously they can't stay beyond their request. But their request sounds like it is only intended to cause you inconvenience and trouble anyway... so your best bet is to give them the impression that you are unruffled by it all. Be easy-going and let them stay until the Inventory company can come... I am assuming you want the Check-Out to be done while the Tenant is present, otherwise there'd be no real issue? He could just leave when he wants and the Check-Out is done on the Monday, without the Tenant being present... but the Tenant can return if desired? I can't see how you would be caused any future problems... it's obvious that you got the Inventory company in there as soon as was practical.

I think you could write a clause regarding time into the AST in future, if you really wanted... but without such detail the Tenant gets the property for full days. Most Landlords will never run into this problem because most Tenants aren't idiots.

boboff

It sounds as much to do with you wanting him to go Saturday, as with him wanting to go Monday.

Be the bigger person and let him go Monday.

TomTomTom

Thank you so for.
Well no, he wants to give the keys exactly at 10 am on sunday.
I can understand a little bit his point of view. The letting agent made a lot of problems. The apartment was empty for 2 weeks before and a few repairs should be done. Unfortunally the managing company has not done the work, so in the first 8 weeks on 12 days repairs was done. So he was very unhappy about this. Furthermore the lift was damaged nearly every 3 weeks and then not operating for 3 days.
He should be get the key at 8 am but the managing agent was delayed and outside was standing the moving company and he has two pay the wasted time. As far as I know the moving company was there at 6 am.
And I know that the managing agent was acting inappropriate. So the tenant escalate personally at the head of the letting agency. For the next tenant I have a new letting agency.
My feelings are, that he wants to show his anger in that way.
All in all he was a good tenant. paid on time, repairs small damage by his own and have shown the managing agency that the repair offers was completely wrong. the repairs was done faster and cheaper.

I don't want to get trouble but the inventory company is not working on sunday. He told the managing agent, if they are not on sunday at 10 am there, he will sent his own inventory company in with witnesses and will pay the report and will not accept the other ones.

Normally I would be happy to have a good paying tenant but my sun is starting at the university and we need the apartment and planned to move in on saturday.

Hippogriff

Quote from: TomTomTom on August 13, 2014, 01:11:56 PMNormally I would be happy to have a good paying tenant but my sun is starting at the university and we need the apartment and planned to move in on saturday.

Well, that's unlikely to be happening.

Unless you consider an incentive for your soon to be ex-Tenant?

TomTomTom

Well the client is in holidays now. But I will think if I come with an incentive he will take legal action against it.

Riptide

Quote from: TomTomTom on August 13, 2014, 03:44:56 PM
But I will think if I come with an incentive he will take legal action against it.

That made me genuinely lol.  I think you need to read the definition of incentive.

TomTomTom

Oh I thought you meant it sarcastically that I should make pressure on him (maybe legal actions).

Well I am not sure that he will accept any financial offer.