Here is a question to the blog clinic from Jim who is a tenant
I abandoned my property and handed the property keys back in an envelope to my landlord.
My tenancy required me to give one month’s notice to quit – I think it was an assured shorthold tenancy.
My landlord is now disputing when my tenancy actually ended, and has informed the local council that it ended ten weeks after I had in fact abandoned the property, and handed the keys back to them.
I am arguing that when I handed the property keys back I was doing so by implied surrender, and have twice informed my landlord making it very clear to them of that fact.
The council now want to charge me for Council Tax on the property, for the period up to when the landlord has said that my tenancy ended, even though I had moved out 10 weeks prior to this, when I removed all my furniture and belongings out of the property.
When did my tenancy legally end?
Answer
It depends on whether you had a fixed term tenancy or not.
Leaving during the fixed term
If you handed the keys back during the fixed term of the tenancy then you cannot force your landlord to accept a surrender before the end of the tenancy. Implied or not.
It is quite in order for your landlord to refuse to accept a surrender and require you to pay rent until the end of the term.
There is no obligation on the landlord to ‘mitigate his losses’ and find a new tenant. After all, you are the one in breach of contract, not him.
However, if he lets to another tenant, then the tenancy will end at the time the new tenancy is signed.
Incidentally, if the one-month notice clause was a break clause, then this will invariably require you to do something such as give written notice – you cannot rely on it if you just move out.
Leaving during a periodic tenancy
Here you will need to give not less than one month’s notice as your tenancy agreement says.
If you fail to give this notice, then my view is that handing back the keys and moving out will be taken as giving notice. The tenancy will therefore, end either one calendar month from this date or more likely at the end of the next ‘period of a tenancy’ after giving notice.
For example, if your tenancy runs from the 20th day in the month to the 19th, and you hand back the keys on 22nd June then the tenancy would end on the 19th August.
If you just left the keys in the property and the landlord was unaware you had moved out, the notice period would start from when he found out.
I don’t think handing back the keys and moving out could be taken as giving notice to end a periodic tenancy. To unilaterally end the tenancy the tenant must serve a valid notice to quit(NTQ). And s5 Protection from Eviction Act requires that a NTQ served by the tenant must be in writing to be valid.
Strictly speaking not, but it is arguable that it should be treated as such in a periodic tenancy, if (and only if) it was clear beyond doubt that the tenant had vacated.
The landlord will be entitled to rent in lieu of notice, and this should run from when the landlord found out rather than when the tenant vacated.
If the tenant has clearly gone there must be a time when the tenancy is taken as ended otherwise he would be stuck with it for the rest of his life (and beyond)!