tenant's lease ending, final inspection and keys

Hi there



Brought a property in which the lease is ending on Easter Friday 15/04/2022 and I am waiting to move in to. I’ve been told verbally that the tenant is leaving on the 14/04/2022 and will hand the keys but they are not sure at what time.



I’m just trying to clarify some things

• The real estate agent has told me the keys to my property can’t be given to me until an outgoing inspection can be done, which depending on the time the tenant hands it back may not be possible for them until the 19th. Is it true that the inspection has to be done before I am entitled to the keys?
  

• Can I get a copy of the email from the tenant to the real estate agent saying they are leaving? Am I entitled to this or not because of privacy reasons?
  
  
  
  
• Previously for the ‘Notice to terminate’ at the end of the lease, I was sent the PDF that was sent to the tenant, but not the actual email due to privacy reasons, which I really wanted. Is this the case that they cannot provide me this?
  

Thank you!!

 

Which state? Has it settled yet?

The privacy arguments are BS - I would be asking for absolutely everything.

 

1. You're jeopardising bond claim - if property has cleaning or damage issues then how will you prove tenant did them vs you? Hint you can't because the inspection hasn't been done yet.

2. for what purpose exactly? You already know when they're going.

3. Same as 2. Isn't a privacy issue but a micromanagement issue.

 

You are entitled to all correspondence between the tenants and the agent except in the case of Domestic violence legislation.

I doubt very much that the agent will be able to do the bond final the day before Easter, it is not a 5-minute job, it can take several hours. Also, the tenant may not be able to drop off the keys on the 14th for what ever reason and you will have to wait for the next week. In any case the tenants have the right to attend the final inspection and if they can’t do that on Thursday afternoon the PM would have to postpone untill next week, as there has to be some flexibility on their behalf.


If you insist on taking possession prior to the bond final being done, you will compromise your rights as to the condition of the property at the end of the lease.


My suggestion to you is to let the Property manager do their job.

 

So, if the tenant cant drop off the key on the 14th, they basically stay the easter weekend until the real estate opens rent free? The lease ends on the 15/04/2022

 

So, if the REA cant do it by the 15th which is a holiday and when the lease ends, the tenant stays in the property until the real estate agent opens again without paying rent for those days?

 

Fair enough with the first point. As for the second point, no I only have been told verbally that they have by the REA. I have reasons given I took over this lease for a property that was meant to be vacant possession on settlement but wasn't.. (long story).
Hence why It wouldve been nice to have the email comms.

 

Well either on or before the 15/04, obviously 15th won't be possible since it's a public holiday though..

 

Ask your solicitor.

 

there’s no reason the OP can’t do the final inspection themselves

 

Why can't you move in on the 15th? Does your new property observe the public holiday and is closed?

 

What are you going to do if the Tenants don't actually move out when they're supposed to and you have a lengthy eviction process to go though to regain possession of the property?

 

If the tenants are dropping off keys on the 14th, how could they then stay at the property over the Easter weekend? I'm also assuming they've paid rent till the 15th.

If you wanted to move in and gain the extra 4-5 days of accommodation, you might have to attempt the exit inspection yourself and risk that it may not be completed properly, might miss something, might not hold up if tribunal needed. Weigh up the risk vs reward and take lots and lots of photos if you do it yourself.

It is your property and you're entitled to the tenant's details and correspondence.

 

Ooooh GOSSIP, please tell

 

Yeah they're more than welcome to. As long as they understand the risks i guess. Could provide them a copy of the entry ispection, so they would have something to compare to.

In my experience, in the majority of cases when owners are moving in, they are usually happy to turn a blind eye to minor things in order to get moved in.

 

No... but the REA does and was saying they cant give me the key until they have done the inspection which they dont at what time the tenant is giving the key back on the 14th..

 

Thank you for this.

For your first point well im just thinking in the event, the tenant decides to not move out on the 14th. I would rather have in writing that they indicated that they were going to do this rather than the REA just telling me verbally.

As for the second point, so the REA told me that "I cannot have the key until the outgoing inspection is done" and so when I asked if they can do the outgoing inspection on the 14th if they can get the tenant to give the keys in the morning, they said they might be too busy because its a shorter week? Anyway, I decided today to check with Fair Trading, and they have told me in fact there is no legislation that states the REA cannot give me the key until the final inspection is done and I can do the final inspection myself as you have stated.

I may have to go down this route, which is not ideal, but given the last time I inspected the property, I saw the tenant had kept in quite good condition I am actually willing to do this, as I am hopeful there wont be too many issues.

Provided the tenant hands back the key on the 14th, is it just a matter of me telling the REA that I want the key and I will handle the final inspection myself? What if they refuse?

 

Well exactly why I at least want the correspondence to the tenant showing that they were given the 'Notice to terminate' twice (the REA only sent me the PDF and told be by email they had done it) , and I also want the email from the tenant telling the REA that they intend to leave on the 14th...

If they dont move out, well then yes I have to go down that route. Lets hope that doesn't happen...

 

That's completely false. Your house, your keys!