Landlord's implied acceptance of tenancy

hilaryjane_73

We need to leave our tenancy 3 months before the end of our 12 month fixed term contract. The landlord will not accept mutual early surrender and we accept we are responsible for rent for the during the term. However, we need to go and are considering asking the letting agent to check us out and hand back the keys. I understand this constitutes expressed surrender of the contract on our part.

What kind of actions on behalf of the agent and/or landlord would constitute implied acceptance of our surrender and therefore the end of our tenancy? For example, I understand that the landlord wants to sell. What if prospective buyers were shown around the property without asking our permission? Would this imply acceptance as he wouldn't be able to do this if we were still tenants.

Many thanks.

G_M

Why would the LLnot be able to show buyers round? Assuming they gave you written notice (24 hours) (or sent it to the property) and you did not object, of course buyers could be shown round. There would be no implication of end of tenancy.

However, if
* you handed back the keys and the LL/gent accepted them (so not just pushing them through the letterbox! LL must 'acept')
* a check out inspection was conducted (esp if countersigned by you) and agreement of final codition reached
* meter readings were taken, agreed, and hand over of the utility accounts from teant name to LL name

then mutually agree surrender could be implied.

But if LL has refused to agree early surrender he seems unlikely to go along with the aboe.....

hilaryjane_73

The tenancy doesn't provide for viewings until the last two months of the agreement. If they showed people around before then, surely acceptance of the end of the contract?

oldbaldman

hilaryjane_73 wrote: »

The tenancy doesn't provide for viewings until the last two months of the agreement. If they showed people around before then, surely acceptance of the end of the contract?

No, that action would not.

obm

princeofpounds

About the only things that would constitute acceptance of surrender would be

A) the LL deciding to burn the house down for fun

the LL moving new tenants into the property before your tenancy period ends.

Don't clutch at straws.

Annisele

Maybe C) the LL moving into the house himself - but I take your point!

NewShadow

To my understanding the landlord would have an obligation to minimise his losses and therefore would almost be obliged to try and sell or relet the tenancy (by holding viewings) if you abandoned it before pursuing you for any unpaid rent.

Should this happen you would still be liable for the property until it could be sold as vacant possession , relet, or your tenancy ended.

I'm not sure what would happen if it were sold as with sitting tenant - I guess you would be liable for the remaining rent to the new owner until the end of tenancy?

theartfullodger

The landlord has no obligation to mitigate his loss:

Negotiate & be nice!

hilaryjane_73

We've offered three months advance rent in lump sum for early exit. It only saves us a month but better than nothing. I doubt they will take it but worth a try.

oldbaldman

princeofpounds wrote: »

About the only things that would constitute acceptance of surrender would be

A) the LL deciding to burn the house down for fun

the LL moving new tenants into the property before your tenancy period ends.

Don't clutch at straws.

In fact the sets of circumstances described above would more likely be illegal eviction.

obm

princeofpounds

oldbaldman wrote: »

In fact the sets of circumstances described above would more likely be illegal eviction.

obm

Not if the tenant has already agreed they want an early end to the tenancy.