Can a landlord extend the term of a tenancy without my consent?

Puflet

I recently started a thread about this scenario, but the site won't let me post the link to it.

In a nutshell, my tenancy terminated on 15th April, but the keys didn't get back to the landlord until 21st April. He acknowledged receipt, along with a message saying "Today will be deemed your leaving date".

As I suspected, the landlord is charging me rent for that period; not sure if this is legal or not, and I'm getting advice on this.

HOWEVER, I have now received a message to the effect that they will be informing the local council that my tenancy didn't terminate until 21st April - thereby making me liable for council tax during that period.

It seems to me that they are regarding this as an extension of the tenancy agreement, rather than effectively applying a penalty for returning the keys late.

Surely it can't be OK for a landlord to extend a tenancy agreement without the consent of the tenant, or, indeed the tenant actually occupying the property? Otherwise, what's to stop them claiming an extra couple of months, say?

I've looked online but can't find anything on this specific issue; I'd be very grateful if someone could point me in the right direction, or shed any light!

Thanks in advance!

AdrianC

Puflet wrote: »

Otherwise, what's to stop them claiming an extra couple of months, say?

Only the minor detail that you didn't return the keys "a couple of months" late, just six days.

Let's put it this way - let's say you moved in to your new rented place, only to find out that the previous tenant still had a set of keys, and there was some uncertainty over whether they actually had left or not. How thrilled would you be? No, me neither.

Which would you rather be paying for - an extra six days of rent and CT, or a new set of locks because you were deemed to have lost the keys?

Next time, make sure that you understand that the end date of a tenancy is when you have actually ended it by clearing everything out and returning the keys.

Previous thread - https://forums.moneysavingexpert.com/discussion/5451312

AnotherJoe

Did you ever reply to the questions about if you informed the landlord that you had vacated on 15th or was your return of the keys, your "notice"?

Guest101

Puflet wrote: »

I recently started a thread about this scenario, but the site won't let me post the link to it.

In a nutshell, my tenancy terminated on 15th April, but the keys didn't get back to the landlord until 21st April. He acknowledged receipt, along with a message saying "Today will be deemed your leaving date".

As I suspected, the landlord is charging me rent for that period; not sure if this is legal or not, and I'm getting advice on this.

HOWEVER, I have now received a message to the effect that they will be informing the local council that my tenancy didn't terminate until 21st April - thereby making me liable for council tax during that period.

It seems to me that they are regarding this as an extension of the tenancy agreement, rather than effectively applying a penalty for returning the keys late.

Surely it can't be OK for a landlord to extend a tenancy agreement without the consent of the tenant, or, indeed the tenant actually occupying the property? Otherwise, what's to stop them claiming an extra couple of months, say?

I've looked online but can't find anything on this specific issue; I'd be very grateful if someone could point me in the right direction, or shed any light!

Thanks in advance!

Did you physically vacate the property on, or before, april 15th.


If so, tell the LL to Foxtrot Oscar.

HappyMJ

Puflet wrote: »

I recently started a thread about this scenario, but the site won't let me post the link to it.

In a nutshell, my tenancy terminated on 15th April, but the keys didn't get back to the landlord until 21st April. He acknowledged receipt, along with a message saying "Today will be deemed your leaving date".

As I suspected, the landlord is charging me rent for that period; not sure if this is legal or not, and I'm getting advice on this.

HOWEVER, I have now received a message to the effect that they will be informing the local council that my tenancy didn't terminate until 21st April - thereby making me liable for council tax during that period.

It seems to me that they are regarding this as an extension of the tenancy agreement, rather than effectively applying a penalty for returning the keys late.

Surely it can't be OK for a landlord to extend a tenancy agreement without the consent of the tenant, or, indeed the tenant actually occupying the property? Otherwise, what's to stop them claiming an extra couple of months, say?

I've looked online but can't find anything on this specific issue; I'd be very grateful if someone could point me in the right direction, or shed any light!

Thanks in advance!

Didn't we discuss this last week?

How did you terminate the tenancy on the 15th April? Did you mutually agree in writing that the tenancy was over on that date? Why didn't you hand the keys back on that day? Leaving the day before and posting the keys back "Next day priority mail" delivery would have got the keys back on the last day of the tenancy if you weren't going to be around. Tenants circumstances change and not all tenants move out on the day they say they do. The property they were about to move to may not be available so they stay on for a few days/weeks. So if you didn't inform the landlord that you actually had left on the day then how is the landlord supposed to have known you left until they physically got the keys.

Puflet

We had agreed the date of the 15th in writing, and that was when I moved the last of my belongings, and informed the landlord that I had vacated. As it happens, I also bumped into the landlord at an event on the 16th and confirmed that I would be sending the keys on asap.

I could have left the keys at the property, but my own flat did not have a letter box. The landlord claims not to have a key. Leaving them locked in the flat was therefore not a good idea.

I could have left them in a communal area, but there is an appalling level of theft at that property - an HMO - and they probably wouldn't have stayed there long. Now THAT would have caused real problems.

I didn't have the address to send the keys to, because, MEA CULPA, it was on my computer - which was in the Midlands by then - and I was in St Leonards. I texted the landlord to say that I'd forward them asap, or to another address if that would be more convenient - I was given the address of their new letting agent, and I duly sent them on.

The rest of the delay was due to the vagaries of the postal system.

Cakeguts

Why did you keep the keys to a house that you were not living in from the 15th April until the 21st April? Why did you not hand them back on the day that you say you moved out? If you were my tenants I would suspect that you needed the keys for a few extra days to complete the moving out? In any case the landlord couldn't let the property to someone else if you you had the keys because he would suspect that you hadn't completely moved out. So your tenancy did continue until you handed the keys in because you had the possibility of entering the house.

LEJC

I'm a little perplexed by the title of the thread....can the LL extend the tenancy without your consent....surely by retaining the keys it was you who extended the tenancy....

but thats by the by....I assume you cancelled and supplied final readings for any other utilities that coincide with your actual day of departure otherwise you may find that he advises them that he took back possession when the physical keys were in his hand

AdrianC

Puflet wrote: »

The rest of the delay was due to the vagaries of the postal system.

No, the entirety of the delay was due to the same cause. You.

How much are we talking about here, anyway, with six days rent and CT?

Guest101

People are jumping on this issue of keeping the keys. It's not relevant to when the tenancy ended. Can we just get that perfectly clear.

Puflet

If my tenancy agreement had stated that the tenancy would not be deemed to have ended until the keys had been returned, and that I'd be liable for rent until then - as some tenancy agreements do - of course I'd have abided by that! But it states simply that the keys shall be returned at the end of the tenancy.

With my previous tenancy, my landlady was not in town during the week I moved my stuff. We met up a week later and I handed over the keys. No problem.

The issue I'm trying to resolve here is whether the landlord can unilaterally extend the term of a tenancy without the tenant's agreement.

Any financial penalty due to be paid by me, or otherwise, is a separate issue. So is the Council Tax.