Not ready to pay rent for notice period

Landlord Discussion
1

Hi There,

Our tenant 9 months fixed term contract ended and issued new fixed term contract for another 6 months with a custom clause with 2 months notice to end tenancy from both parties. Now they are only serving 1 month notice and not ready to pay remaining 1 month rent.

They vacated property and saying they will hand over keys before end of notice period.

My tenant is insisting us to collect keys or they will drop them in postbox, my concern/question here is,

  1. Am I ok to collect keys before end of tenancy (notice period) ?
  2. Once they handover keys am I eligible to raise a dispute for overdue notice period rent ?

Any other suggestions to deal with this type of situation please?

2

If this was a regular fixed term tenancy, then its likely that your 2 month notice requirement for the tenant is unenforceable. If so, it would default to the common law notice period for tenants, which is a minimum of 1 month ending on the last day of a tenancy period.

3

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