Responsibility for rented property after keys handed back?

9wizard9

Hi

Hopefully a question that's not too stupid:
The last day of our tenancy is Monday 27th, but we're already moved out and just finishing up the cleaning etc.

I wanted to arrange for the letting agent to come and check the property and hand the keys back as soon as we've finished the cleaning. I understand that we'll be liable for the rent until the end of the agreed tenancy (and it's already paid up to the 27th).

Do we get to hand back responsibility for the house to the agent/landlord once they've done a check and had the keys back? The agent have just told me that even if we hand the keys back early, we are still responsible for the house until the 27th (even though we would no longer have any access to it!).

Is this correct, as I would have assumed that once the keys were returned the house would no longer be our responsibility?

Only care because it would be easier for me to give the keys back on Friday, rather than waiting until Monday, but I don't want to be held responsible for any damage that may occur once I've no longer got keys.

theartfullodger

No questions are stupid, but a surprising number of answers are... (I can vouch for that...)

Interesting....

Think this one could be argued either way .. but in your shoes I think I'd offer agent early inspection & keys if they give you written receipt for keys & surrender of the tenancy...

poppysarah

I'd have thought that when they accept keys back it's theirs...

theartfullodger

As i understand it when the tenant ceases to occupy a property the tenancy ends... problem is would letting agent & LL accept there was no ongoing responsibility for the place between when the keys were handed over & end of fixed term on 27th...

Were it ever to get to court... Aaaaaarrrrrrrrrrgggggggggghhhhhhhhhhhhhhh

tenant could argue on the basis of

Bolnore Properties Ltd v Cobb (1997)
Tenant vacating flat for 24 hours and handing over keys operated as surrender

&

Barakat v Ealing LBC (1996)
Return of keys and landlord’s acceptance with intention of taking possession a surrender

that by acceptance of keys a surrender had occurred,
but LL could argue on the basis of

Laine v Cadwallader (2001)

Return of keys an offer of surrender, not a surrender

&

Proudreed Ltd v Microgen Holdings plc (1996)
No surrender by return of keys

that T still responsible,....

(Bet you wished you'd never asked!!..)

That's why I think you need receipt for keys & agreement to surrender or end of responsibility

Cheers!

Artful

moromir

It depends - if the Agent had asked you to hand back the keys early then I would say the property becomes the Landlord's responsiblity.

But its you wanting to hand in the keys early because its more convenient for you, that means the property is vacant for more time than it 'should' be, and the potential to catch any problems has gone, ie a leak a tenant would notice within hours, now noone might notice it until theres water gushing out the front door. Unlikely but should be considered.

Fiddlestick

poppysarah wrote: »

I'd have thought that when they accept keys back it's theirs...

I'd say that the responsibility ends when the rental agreement ends.

beth58_2

I agree, responsibility is your's untill the tenancy agreement ends. Unless the management company agree to accept responsibility and you need that in writing.

9wizard9

Blimey - a right can of worms then!

I'm still waiting for a call back from the agent to let me know when they can do the inspection - to be honest it sounds like the safest thing to do would just be to give the keys back on the Monday if they can accomodate that, then there's no ambiguity.

Thanks for all the replies though!

Imp

Housing Act 1988

5 Security of tenure. E+W

(1)An assured tenancy cannot be brought to an end by the landlord except by obtaining an order of the court in accordance with the following provisions of this Chapter or Chapter II below or, in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power and, accordingly, the service by the landlord of a notice to quit shall be of no effect in relation to a periodic assured tenancy.

(2)If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of—
(a)an order of the court, or
(b)a surrender or other action on the part of the tenant,
then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.

So if the handing in of keys is not an action on the part of the tenant to bring the tenancy to end, then the landlord cannot re-let the property as a periodic tenancy will have arisen at the end of the fixed term.

Horasio

I would have thought once the lease was up and the final inspection was approved, you are no longer responsible.

tbs624

Post 4 says it . If you hand the keys in early, you have to safeguard your position by asking the LA to sign to specifically accept that action as an early surrender (make sure you also note on there what the final meter readings are).