Check out report – can a landlord insist on being there?

Romain

Just one last point to reinforce this access business.

The standfard forfeiture clause in effect says the LL can kick the door in, knee cap the tenant and boot him and his possessions out in the street if he is 14 days late in paying etc etc.

But it never happens – why, because it is simply an enabling clause.

Same with your clause in 1985 Act – it will be overridden by PEA 1977

This is my last post on this thread I’m out

As Mark has said:
“Given the circumstances I recommend that you are as helpful as possible, otherwise the landlord and his agent could just say “stuff you, we will hold you to the contract and sue you if you breach it”.
I have been in similar situations myself and I will always help tenants if I can but if they start to become awkward there is a massive temptation for any landlord to be equally or more awkward when the deck is stacked in their favour. ”

I agree with Mark, you are getting out of your 2 year agreement early, one which the landlord could hold you to.

Did I read this right, you have bought your own house now, well, unless you haven’t had completion yet, why don’t you just move there ?
if you are waiting for completion, just use a removal company and get them to store your stuff for a few weeks, and take a B&B for the intervening period.

If your landlord wants to charge you for some of the repairs, then, depending to what extent, it may be a cheap ‘get-out’ for ending the tenancy a year early.

I should be as reasonable as you can be, given you will save a year of rent !

Reply to the comment left by “Industry Observer ” at “29/01/2014 – 09:03“:

Who drafted your forfeiture clause!!? 😉

You say that the landlord doesn’t understand wear and tear. As a landlord I would expect to find the property pretty much in the same condition as I let it. If it is not, then perhaps you should reinstate before leaving then there can be no issue.

Personally I regret not having a professional inventory clerk on a recent checkout despite having 6GB of high resolution photos and video by the end of the process.
Why? It allows you to settle what damages are, or not and how much it really costs to fix something you could of done e.g. £50 call out fees). Costs and prices coming from a professional that understands these things will help the Landlord learn what is reasonable and what is not AND why.
Makesure that the inventory clerk is a professional and listen and learn it will be beneficial for you both.
Also with all three there at the house at the same time it can all be agreed signed and completed of what damages etc there are or not rather than a long winded process afterwards.
A good landlord may wish to protect his old home and also learn the full list of what has been broken and hidden.
Also hiring a professional cleaner for 6 hours a few days before will make difference as their eyes are new and they use good cleaning materials.
Remember You are saving 1 years rent or if its a new lower rent making up the difference in rent, so make the space and be grateful.
Also if the clerk comes in before he starts work then its all accurate and that is the date of checking out (once agreed) also with pictures any mess is the landlords workmen and not yours.
I have often improved my houses during a tenancy and in many ways its easier. Now after 10 years they are in very good and very high quality condition (with work every summer) and a string of tenants happy with the extra benefits put in.
Whats a years tenancy cost vs 2 weeks.
Give up your concerns get a professional clerk and let the clerk take the lead around the house. If you are worried – repair what is broken, replace what is broken and clean what is dirty

Reply to the comment left by “Winsome P” at “07/02/2014 – 12:18“:

Hi Winsome

I don’t understand your reference to saving one years rent, please explain.
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Well he has the tenancy for 2 years to fulfil either finding and putting in replacements who may or mayn’t take over the lease. If not he is again liable for damages, rent etc and thats likely to cost plus the extra hassle.
If the new tenants fully takeover in this case AND it goes through all well then all is well. If the new tenants pull out at the last moment before signing or taking the keys then he has more rent to pay for a place he is no longer occupying until another tenant is found, delay extra search fees tours and hassle making the house welcoming which is now harder because it is empty and cold and thus unwelcoming.

Reply to the comment left by “Winsome P” at “07/02/2014 – 13:11“:

Yes I see, makes sense now.
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