Disagreement with Property Agent over handover date of rented property.

cherl

Hi there,

We are due to move out on a particular Saturday from our current rented 3-BR property to a new property. The property agent managing the current one says he can only takeover at 11am latest on the day, or it would have to be the following Monday morning. We can only access the new property on the morning of the day of move. It is not realistic for me to move house within one morning and be able to handover at 11am.

The agent says that we would have to pay for the rent and utilities in the current property on Saturday and Sunday if his takeover is on Monday, even though we would have moved into the new place by Saturday afternoon and would be ready to handover the house (He says he cannot make my time).

Could someone advice me if I have to pay the additional 2 days rent even though it is the agent who cannot make my timing (Not to mention that his requested 11am takeover of the current property is simply not doable). I spoke to the landlord already, who asked me to work it out with the agent as he is paid to manage and administer the property.

Any advice would be appreciated. Many thanks all....!

Pkiernan

cherl wrote: »

Hi there,

We are due to move out on a particular Saturday from our current rented 3-BR property to a new property. The property agent managing the current one says he can only takeover at 11am latest on the day, or it would have to be the following Monday morning. We can only access the new property on the morning of the day of move. It is not realistic for me to move house within one morning and be able to handover at 11am.

The agent says that we would have to pay for the rent and utilities in the current property on Saturday and Sunday if his takeover is on Monday, even though we would have moved into the new place by Saturday afternoon and would be ready to handover the house (He says he cannot make my time).

Could someone advice me if I have to pay the additional 2 days rent even though it is the agent who cannot make my timing (Not to mention that his requested 11am takeover of the current property is simply not doable). I spoke to the landlord already, who asked me to work it out with the agent as he is paid to manage and administer the property.

Any advice would be appreciated. Many thanks all....!

The Residential Tenancy Act allows that the tenant can remain in the property for the full 24 hours of the last day of a tenancy.

Victor

If you have paid for the Saturday, you are entitled to use it until midnight on Saturday (unless your contract says differently).

It's not your problem as to when they will be available. Were they going to be able to rent it to someone else on a Satuday afternoon?

More practically, could a friend help out.

shopper2011

Would you not just rent it for the weekend, give yourself some space for the move. Moving house supposed to be one of the most stressful things. Or load the cars up fully and stay in a hotel.
How much rent are we talking about here €100...?

Sean Fantastic

cherl wrote: »

Hi there,

We are due to move out on a particular Saturday from our current rented 3-BR property to a new property. The property agent managing the current one says he can only takeover at 11am latest on the day, or it would have to be the following Monday morning. We can only access the new property on the morning of the day of move. It is not realistic for me to move house within one morning and be able to handover at 11am.

The agent says that we would have to pay for the rent and utilities in the current property on Saturday and Sunday if his takeover is on Monday, even though we would have moved into the new place by Saturday afternoon and would be ready to handover the house (He says he cannot make my time).

Could someone advice me if I have to pay the additional 2 days rent even though it is the agent who cannot make my timing (Not to mention that his requested 11am takeover of the current property is simply not doable). I spoke to the landlord already, who asked me to work it out with the agent as he is paid to manage and administer the property.

Any advice would be appreciated. Many thanks all....!

That's his problem in totality. Tell the unhelpful prat that your agreement ends on a day not at a particular time.

That's very annoying.

cherl

Hi there,

Many thanks for your kind replies!


There is no subletting allowed in my contract, nor would I want to further complicate matters now. It would be about €110 in total for the additional Saturday and Sunday rent.

I am aware that I get the full 24hrs on the day-of-move (which is that particular Saturday). But is it reasonable that I be charged for the weekend simply because the property agent is not available to takeover the property on the Saturday afternoon? It does leave a bad taste that he is trying to play punk with me to dictate either I handover at 11am on the day-of-move (Saturday), or the handover will happen on the following Monday which means I pay an additional 2 days of rent (for Saturday and Sunday).

Feeling very vexed. Feels like I'm being played, know what I mean?

Sean Fantastic

cherl wrote: »

Hi there,

Many thanks for your kind replies!


There is no subletting allowed in my contract, nor would I want to further complicate matters now. It would be about €110 in total for the additional Saturday and Sunday rent.

I am aware that I get the full 24hrs on the day-of-move (which is that particular Saturday). But is it reasonable that I be charged for the weekend simply because the property agent is not available to takeover the property on the Saturday afternoon? It does leave a bad taste that he is trying to play punk with me to dictate either I handover at 11am on the day-of-move (Saturday), or the handover will happen on the following Monday which means I pay an additional 2 days of rent (for Saturday and Sunday).

Feeling very vexed. Feels like I'm being played, know what I mean?

You have every right to be annoyed and you are being played. It's not your fault that he won't be there. Simply tell him that you'll finished as whatever time suits you on Saturday. If he wants extra money that he's not entitled to for that then direct him to your solicitor.

GhostyMcGhost

Sean Fantastic wrote: »

You have every right to be annoyed and you are being played. It's not your fault that he won't be there. Simply tell him that you'll finished as whatever time suits you on Saturday. If he wants extra money that he's not entitled to for that then direct him to your solicitor.

problem is he'd probably try deduct from the deposit. Be careful and be firm

mrslancaster

Is the Saturday the last day of your tenancy?

Ayuntamiento

Get up really early on Saturday and get your move completed by 11am or else pay the extra few euro to move at your leisure. Simple.

Yes the letting agent is probably being unreasonable but the landlord doesn't want to deal with you and his assigned representative has set his own terms and conditions.
Depends on the financial value that you put on having less hassle/conflict in your life I guess.

Graham

Victor wrote: »

If you have paid for the Saturday, you are entitled to use it until midnight on Saturday (unless your contract says differently).

I didn't think a tenant could contract out of anything provided for in the RTA.

Paddytheman

Its not clear is the Saturday your last day of tenancy or is it the Friday and they are allowing you until 11am? If you say the extra rent is for the Saturday and Sunday it would seem that the Friday is your day to move, no?

cherl

Hi all,

Many thanks for all your kind words of advice.

We had already informed the agent 2 weeks ago that we want to move out on that particular Saturday and both sides agreed on that. Rent would be paid for till the Friday, with the full Saturday being the moving-out-day.

So we spoke to the agent on phone tonight and highlighted that it was unreasonable of him to expect handover of property at 11am of moving-out-day. And that pushing the handover to Monday morning and needing us to pay for Sat and Sun rent was unreasonable too. He replied that there was nothing unreasonable and was in fact being flexible by giving us options - handover by 11am Saturday (because he can't make it for afternoon) or at Monday morning ( in which case we have to pay Say and Sun rent despite already having moved into the new property by Saturday night).

It would seem that there is no recourse. :-( Seems I need to choose from one of HIS two options. My gut feel tells me he's being a pr!ck. :-(

davindub

Unfortunately unless your moving out day is included in the lease or you have paid up to Saturday, he is already being generous. If your paid for period ends Friday he was under no obligation to allow you a day rent free for moving out.

the_syco

cherl wrote: »

Rent would be paid for till the Friday, with the full Saturday being the moving-out-day.

Thus moving out day is Friday. The EA allowing you to do so on Saturday is them going the extra mile. Thus be out by 11, or pay for the extra time.

Be thankful it's not a case of "be out on Friday, as new tenants moving in on Saturday"...

76544567

Sounds like the agent is being more than accommodating to you and it is you you is trying one on.
What if he came back to you and said now that you have paid til Friday midnight, you must be fully moved out then,?

Ms Doubtfire1

would agree. you're moving out day is the last day of your paid rent. you will have to work with thast.sounds a bit like poor planning on your end...

cherl

Hi there,

Many thanks for your clarifications.

So I do see a slightly different view in the last few replies.

I am certainly not trying to take the piss with the situation. My understanding is that if the first day of rent starts on the night I am in the property, then the last day of rent is on the last night I spend in the property. So in this case, my last night in the current property is the Friday night (date of end-of-tenancy) , and so my move-out-day is the whole of Saturday. In a hotel analogy, I would start paying for my stay starting of the first night on check-in date, but I don't have to pay for the day of checking-out. That's my understanding anyways.

There would be no one else moving into this current property if the landlord's plan work out. He has put this property up for sale (his second attempt in the last 1 year). We have been given the notice letter and it does state that we can vacate at any time up till the conclusion of the sale.

Many thanks for your time and replies.

Ms Doubtfire1

ok- so very easy question: as per what date did you terminate?

Graham

cherl wrote: »

So in this case, my last night in the current property is the Friday night (date of end-of-tenancy) , and so my move-out-day is the whole of Saturday.

It's not a hotel, your move out day is the whole of Friday i.e. the last day of the tenancy.

aloooof

cherl wrote: »

My understanding is that if the first day of rent starts on the night I am in the property, then the last day of rent is on the last night I spend in the property. So in this case, my last night in the current property is the Friday night (date of end-of-tenancy) , and so my move-out-day is the whole of Saturday.

The Friday is the date of end-of-tenancy? In which case you are not entitled to be in the property on the Saturday. It seems like the agent is being more than accommodating allowing you to leave on the Saturday morning.

cherl

The Friday is the last day of the tenancy. So OK, I get it. I have to be out of the current property by Friday night then.

Ms Doubtfire1

cherl wrote: »

The Friday is the last day of the tenancy. So OK, I get it. I have to be out of the current property by Friday night then.

23:59:59 to be exact...

cherl

23:59:59 Friday, indeed.

April 73

Have all your gear packed up & ready to move on Friday night. Keep out the small amount of stuff you need on Saturday morning to get washed & dressed. Load up the car/van early on Sat & be ready to meet the agent at 11am to finalise the handover.

I don't get why you can't be packed & ready to move out by 11am? If you have more stuff to move than you can fit in a couple of car trips, consider hiring a van or just pay the extra rent to move at your leisure over the weekend. There's nothing free in this world unfortunately.

Last time we moved house we had to pay a removal company to help us pack up & load everything in a four bedroom house & shed. We accepted we couldn't move it all in one day ourselves to allow the new owners take occupancy on the day we moved out. That's the reality of moving.

the_syco

cherl wrote: »

In a hotel analogy, I would start paying for my stay starting of the first night on check-in date, but I don't have to pay for the day of checking-out. That's my understanding anyways.

In a hotel, you're essentially paying for 20 or so hours of access.
You can enter the room after 5pm, but have to be out of the hotel by 3pm the following day as that's when the cleaners come in. Some hotels even demand you're out by 11am!

But if you want to stay longer, you have to pay for the privilege.

Another way to look at the Friday is that your "get of house date" is Friday, and and you don't want to leave until the next day. In your hotel analogy, your check-out day is Friday, but you want to stay the extra day.

pilly

cherl wrote:

I am certainly not trying to take the piss with the situation. My understanding is that if the first day of rent starts on the night I am in the property, then the last day of rent is on the last night I spend in the property. So in this case, my last night in the current property is the Friday night (date of end-of-tenancy) , and so my move-out-day is the whole of Saturday. In a hotel analogy, I would start paying for my stay starting of the first night on check-in date, but I don't have to pay for the day of checking-out. That's my understanding anyways.

In a hotel analogy you would also have to be out by 11 or 12 latest.

ted1

Ms Doubtfire1 wrote: »

cherl wrote: »

The Friday is the last day of the tenancy. So OK, I get it. I have to be out of the current property by Friday night then.

23:59:59 to be exact...

What they be did he move in? Surely that's the time.

Victor

ted1 wrote: »

What they be did he move in? Surely that's the time.

No. Lease if from X day to Y day and the whole day is counted.

__Alex__

OP, if you're organised, you'll probably get the move done a lot quicker than you think! I've often been amazed at how quickly some of my moves have happened, having earmarked much more time than I needed for them.

It took me 3 runs with the car and one run with a jeep and trailer to move the last time I moved and I was only renting a room not a full house. No way I'd see a few hours in the morning as feasible for a house move. Pay the weekend and have a bit of comfort and time to do the move.