End of lease key return procedure

My tenant is due to move out this Sunday and return the keys to the agent on next Monday. The agent advised that they will do the final inspection “sometime next week”. Would I be able to request them perform the final inspection as soon as tenant vacates i.e. on Monday or Tuesday the latest? I have already booked a removalist to move my stuff to the property on Wedesday so just wondering what’s the implication if the final inspection is conducted after I moved my stuff in?

Also I know the tenant, she asked if I can give the keys to me directly as our offices are very close. Would there be any negative ramifications if we do this? They agent has two set of keys.

Thanks a lot for your advice!

 

The Agent will claim that you'd access the property and no inspection was necessary then proceed to return the entire bond.

 

Tribunals can be harsh on landlords taking possession of properties and there are a number of things that can go wrong.

The agents are likely to charge rent till Monday when tenant returns the keys. If you accept keys on a Sunday, you have voided one day of rent - assuming it’s end of lease. This is a small thing.

Damages against tenant cannot be claimed if you have taken over and moved your stuff in.

Tell agent that you intend on taking possession on Wednesday and final inspection needs to be done on Monday or Tuesday. Let them know what they need to work around otherwise they will just book the next available time during the week - which is reasonable.

Tell them NOW. Ie today!!!

 

Thanks a lot @Xenia. I have written to the agent.

 

While an agent might try to charge the rent, its unlikely they are legally entitled to. If the premises have already been vacated, then rent can't be charged just because the keys haven't been returned yet.

This isn't true either legally. It can cause some potential problems, but its far from definitive.

 

Legally keys and vacant possession are 2 different things. Rent can be charged til vacant possession given but not til keys, only amateur PMs charge this because it'll cost them in tribunal later.

If you move in, this has no relevance to whether anything can be claimed if the exit report is done first. This will have photos and descriptions of how the property is compared to the entry report.

 

Im trying to fight my previous agent in Melbourne Regarding me handing over the keys a few days late. I explained that there were issues with my other venue which prevented me from going back to the agency. Despite The property not having a new tenant yet and me having physically vacated on the day I nominated they are still wanting to charge me the rent. Does anyone have any advice on this?

 

Well when did you offer vacant possession?

 

Vacation date is 3rd June. I was able to return the keys 7 June. Agent organised a viewing on 5 June (still not tenanted) and were arranging viewings for a month prior. Note this is in Melbourne - do rules differ?

 

That's not really what I asked. Legally the issue is when you offered vacant possession of the property.

It's not necessarily linked to the keys, but otherwise you'll have to explain how exactly you offered vacant possession of the premises.

 

Then I don't understand what that means. I gave them 6 weeks notice that I would vacate on 3 June and they want to extract rent from my bond.

 

What did you physically do on 3rd June to apparently hand back the property to the lessor or agent?

 

I went to the agency office. Handed the keys to the receptionist and signed on her iPad.

 

I thought you said you didn't return the keys until 7 June?

 

Oh! My mind took me to the 7th.

On the 3rd I vacated the property (cleaned and in better condition than when I moved in) before 5pm. I didn’t physically uproot the house and deliver it with gas and water pipes flailing to the agent.

What I did do (and requested understanding from the first agent), was contend with my problematic new rental, whose keys I received on the same day. The new place wasn’t fit to sleep in and caused a delay settling in with my possessions. I spent the proceeding few days fumigating and cleaning it, sleeping at an acquaintance’s home on the other side of town. I slept at my new place by the 6th.

To provide a bit more context, on the 5th the original agent had a viewing on the house I vacated. The viewing before that was on the 2nd, the day before I moved out and was already packed and ready to go ahead of schedule. Viewings were frequent across the 6 week period of notice before I left; understanding the current rental market made it challenging for them to re-occupy it. It is still vacant now, with several other future viewings scheduled.

 

Are you deliberately not giving me the information I've been asking for?

 

Not at all. I was trying to give more context. But I think I’m not filling understanding your question, so let me know what information is missing.

(I don’t know what offering vacant possession of the property means, as a layperson)

 

The only context I am asking for is what exactly you physically did to "vacate" the property on the 3rd.

You're apparently trying to argue that you vacated on the 3rd. Separate from the physical return of the keys on the 7th.

So is it then that hard to understand that the first question someone might want to know is about why you say the 3rd is the real vacate date?

 

The 3rd is the date that I requested that I would vacate and paid for rent up until that date. I didn’t return to the property after the 3rd.