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Landlord taken back keys yet I am still in Tenancy

Started by nissie13, April 13, 2021, 03:21:43 PM

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nissie13

Hi,
I wondered whether anyone can give me some advice.
I have been renting for 2 years and have given my landlord 4 months notice that I did not intend to renew my tenancy. I found a new property earlier than expected, and notified my landlord that I would take up the new tenancy, but of course pay my existing rent until the end of his tenancy. There are 2 months to go on my contract with him. He actually seemed quite pleased as property prices have increased and he has advertised the house at quite an increase. My official tenancy ends with him 30 May 2020. So as per my contract I pay the rent on 30 March, last payment is due 30 April.
The landlord then comes back to me and states he has found a tenant that would like to move in earlier than my tenancy ends, and if I will allow it, I will not have to make the rental payment on 30 April. Very amicable, great for me, great for him as increased rental!  BUT........ since then a few things have developed. He has asked me to sign a surrender document as of 30 April, all great and official, no dispute there. He then arranges the inventory as of 1 April, that's still during my tenancy. I didn't object as house was actually clean, empty and ready for inspection, and still trying to keep things amicable. Inventory report sent. Not much to do, a few paint chips on the woodwork and a couple of marks on a kitchen wall.
I am awaiting his proposed deductions. He then calls me and asks me to return the keys, I say but I will still need to collect my post, but he's adamant. I return the keys on 12 April, 18 days earlier than my tenancy officially ends. He has some of his own maintenance work to do on the property so now has contractors in, again during my tenancy. To top it all, during a telephone call he mentioned he would allow the new tenants to move some of their things into the garage on 28 April, again I say I don't mind as this is still within my tenancy, and also say that I would be happy for them to move some things into the house on the same day. 28th April.
I now believe the new tenants have begun to move their possessions into the property as of 13th April.
Surely now, with his contractual work, new tenants possessions in the property, the fact that I don't have any keys although my tenancy has not yet ended means he has now taken possession of the property? How can I be responsible for the council tax from 13-30 April, and the rent for that period? And surely the timeframe to give my deposit back of 10 days minus any proposed deductions should begin from 13 April and not 30 April as he has stated. All very unusual.
Any advice appreciated.

KTC

QuoteHow can I be responsible for the council tax from 13-30 April

You're not. Tell the council that your tenancy ended by surrender during the day of 12 April.

Quoteand the rent for that period

Practically, without an agreement for it to be partially refunded to you, you're not going to get anything back I'm afraid.

QuoteAnd surely the timeframe to give my deposit back of 10 days minus any proposed deductions

The landlord can say whatever they want. Up to you to raise a dispute when the time comes.

nissie13

Thank you for your reply and advice, unfortunately yesterday I discovered the landlord has moved new tenants in as of 13/4 yet my tenancy doesn't end until 30/4, what to do ?.......

Dilyan

If you have any evidence of written communication with your landlord (for example date, time or any form of agreement to return the keys) then you can use this to defend your case. You cannot be held liable for any bills from the date you returned the keys and the landlord cannot have two tenancies for the same property so you are no longer the tenant from the date you return the keys. Put this in writing to the landlord and ask for the return of your deposit, reminding him that it must be paid within 10 days. Take a screenshot of any WhatsApp messages you may have (you wouldn't have any evidence if he deletes his messages).

Also write to the council that you are no longer responsible, any form of communication would work, if you send a letter keep a copy for your records or an email would do.

nissie13


Revo

Also contact the post office & get your post redirected