Changing the date of vacating the property (tenancy)

DVardysShadow

Wee_Willy_Harris wrote: »

Oh dear. This really is simple stuff. The INTENTION isn't the same as the ACT. A tenant can only end a tenancy [with??] my MUTUAL agreement. The LL's agreement to notice served AND EXCERCISED by the tenant is enshrined withing the 1988 Housing Act. The Tenants agreement is not. So, should the tenant decide not to ACT upon the notice they have served, the tenancy is NOT surrendered.

Leaving aside the fascinating question of whether all tenants in the land require your agreement, I would say that the tenant is only constrained by mutual agreement during the fixed period of an AST.

I find it hard to understand the distinction you make that HA1988 deems LL's acceptance of T's notice, but exonerates T from commitment to his notice.

Certainly, if T does not act on his notice, the tenancy is not surrendered [which means peacefully and voluntarily given up]. But I can't see that not surrendering is actually the same thing as not coming to an end. As I see it, the tenancy can come to an end at one time, but be surrendered later by returning possession to the Landlord.

jjlandlord

DVardysShadow wrote: »

As I see it, the tenancy can come to an end at one time, but be surrendered later by returning possession to the Landlord.

'surrender' of the tenancy means that the tenancy ends by mutual agreement. The mutual agreement is best documented through a Deed of Surrender.

On the other hand, once the tenant serves a valid notice to quit the tenancy will end at expiry. What the tenant may do is to fail to give up possession, in which case he becomes a trespasser, as already pointed out.

jjlandlord

Well, it seems that I won't even get a thank you or an apology for the insults...