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

AdrianC

Puflet wrote: »

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.

No, the issue is whether YOU have extended the tenancy because of the delay in returning the keys.

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

I'd suggest it was absolutely central - because, if not for the financial implications, you really wouldn't care about whether the end date was the 15th or 21st, would you?

AnnieO1234

Do you have a copy of the original tenancy agreement? Do you also have a copy of the notice served (if applicable). Send these to the council to end your liability.

Have you any record of the final readings and when they were taken? How was this served? IF you have evidence of this, you could also forward that to the council to help prove your liability has ended.

Return of keys is not necessary to prove the tenancy has ended.

Ax

Guest101

No a LL cannot dictate a tenancy is extended.


Your actions can do this, by virtue of the law.


However I don't think this is the case here. Did you take pictures when you left? Did you inform all parties that you had left (Council, Utilities, Sky...) - this ultimately backs up your claim

Person_one

Was there any way at all for you to get the keys to the landlord on the 15th? Did you offer to? Were you told to post them?

gingercordial

I think this is important:

The landlord claims not to have a key. Leaving them locked in the flat was therefore not a good idea.

So you left the flat on the 15th but the landlord was not actually able to access his property, nor rent it to anyone else, until he received them back on 21st.

There is a piece of statute called the Distress for Rent Act 1737 (yes, it is that old) which states in s.18 that if a tenant ends a tenancy by giving notice and does not give vacant possession on the notice date the landlord is entitled to double rent for the extra time. You should hope yours doesn't get wind of that.

Edit: link to the clause - wonderful old legalese! http://www.legislation.gov.uk/apgb/Geo2/11/19/section/18

Guest101

gingercordial wrote: »

I think this is important:



So you left the flat on the 15th but the landlord was not actually able to access his property, nor rent it to anyone else, until he received them back on 21st.

There is a piece of statute called the Distress for Rent Act 1737 (yes, it is that old) which states in s.18 that if a tenant ends a tenancy by giving notice and does not give vacant possession on the notice date the landlord is entitled to double rent for the extra time. You should hope yours doesn't get wind of that.

Edit: link to the clause - wonderful old legalese! http://www.legislation.gov.uk/apgb/Geo2/11/19/section/18

I still don't see how this would apply.


Had the LL provided clear instruction on where to return the keys - it may be applicable.


However as the tenant had asked and not received an answer (provided there was no prior agreement) they were being diligent in keeping the property secure

davidmcn

Ah, note subtle difference from the first thread - originally we were working on the basis that the landlord did have a spare set of keys and therefore had vacant possession immediately. If he didn't then the OP has been rather more careless.

Guest101

The LL did have vacant possession.


He doesn't need a key for that. It's just an item which operates another item, not a magic legal trump card.

LEJC

Its still sounding like a bit of a re run of the last thread....

OP...how much extra has the LL indicated you have to pay for the "extention " of the tenancy....