My Tenants informed me they were leaving the property on the 24th March. They gave me notice on the 12th March! I am happy for them to leave (relieved) so am happy to waiver their rent payment (their rent is due on the 22nd of each month) So they should be paying rent up to the 12th April?! However, I don’t think I should be responsible for their bills until the 12th April (Council Tax and what Utility Bills there maybe)
If I take back the keys on the 24th March am I then wavering all their obligations?
Assuming this is now a periodic tenancy and that you haven’t formally accepted their notice, you can hold them to a proper notice period if you wish, which would be between 1 and 2 months depending on the tenancy start date. You can deduct anything unpaid, include CT for the remainder of the tenancy period. If you want to do that, you have to tell them to serve you with a proper notice in accordance with the tenancy agreement. If you take back the keys, you need to be clear, in writing that you are just doing it to keep them safe and that it doesn’t mean that you are taking possession.
Having said that, its a dangerous game at the moment and if the tenant turned the tables and refused to return the keys, you would have all kinds of problems. Your best bet might be to remind them of the proper notice period and compromise on a payment offer.
Thank you for your advice David, I appreciate it. I have offered to waiver the rent but said I didn’t think it was fair for me to also pay their bills (CT etc) I also said when they move out on the 24th I’ll take the keys for safe keeping/ensuring the flat is secure.