Giving Notice

Chris.mcc240

Had a sleepless night last night worrying !!!128577;

Moved into a new property one year ago signed up to a AST tenancy for a year, the landlord said it would be a minimum of three years he wanted to rent the property to us. Been perfect Tennants but Eight months into the tenancy he informed us he was selling the house and said we had to allow viewings at his convenience or he would evict us as soon as the year was up. He then sent me a long email how i had to allow viewings within 48 hours etc all the time threatening to evict us. He then went on to tell me We had no chose but stay and pay rent as the agent had told him we would struggle to find another suitable property, my partner is part disabled. And when he found a buyer he would then evict us. Upset , but thought what can i do so started to look for another property. After searching every day for last few months last Wednesday 5 days before our year tenancy expired I found a suitable property. Somehow i managed to sign the agreement and move my family buy working day and night and at 20:00 on the last day of the tannancy i called the landlord and said We have moved out Can you collect the keys.
He was furious shouting and swearing threatening to sue me. Any way he asked me to meet him at the property next day with the agent to do the check out inventory The house was perfect but he and the agent said i had to sign a paper that this was the last day as I cant leave until the inventory is done and didn’t give him enough notice. I refused and said I didn’t have to. They have since been in touch and demanded i pay a months rent and continue to pay rent until its let.
I have looked at many websites and they say I don’t have to give notice at the end of a one year AST unless it says so in the contract. I can find nothing in the contract that even mentions leaving the property. Or what happens at the end , most contracts usualy at least mention it becomes periodic. They say i have to give notice before 17:00 the last day or its to late and they are going to keep my deposit for rent arrears. The agent said he’s been to court hundreds of times and garentees he’s right and cant loose.
I’m sure I’m in the right here but if i loose my deposit or have to pay for two properties I’m going to be in real trouble we struggle as it is.
Any advice appreciated

Pixie5740

Chris.mcc240 wrote: »

Had a sleepless night last night worrying !!!128577;

Moved into a new property one year ago signed up to a AST tenancy for a year, the landlord said it would be a minimum of three years he wanted to rent the property to us. Been perfect Tennants but Eight months into the tenancy he informed us he was selling the house and said we had to allow viewings at his convenience or he would evict us as soon as the year was up. He then sent me a long email how i had to allow viewings within 48 hours etc all the time threatening to evict us. He then went on to tell me We had no chose but stay and pay rent as the agent had told him we would struggle to find another suitable property, my partner is part disabled. And when he found a buyer he would then evict us. Upset , but thought what can i do so started to look for another property. After searching every day for last few months last Wednesday 5 days before our year tenancy expired I found a suitable property. Somehow i managed to sign the agreement and move my family buy working day and night and at 20:00 on the last day of the tannancy i called the landlord and said We have moved out Can you collect the keys.
He was furious shouting and swearing threatening to sue me. Any way he asked me to meet him at the property next day with the agent to do the check out inventory The house was perfect but he and the agent said i had to sign a paper that this was the last day as I cant leave until the inventory is done and didn!!!8217;t give him enough notice. I refused and said I didn!!!8217;t have to. They have since been in touch and demanded i pay a months rent and continue to pay rent until its let.
I have looked at many websites and they say I don!!!8217;t have to give notice at the end of a one year AST unless it says so in the contract. I can find nothing in the contract that even mentions leaving the property. Or what happens at the end , most contracts usualy at least mention it becomes periodic. They say i have to give notice before 17:00 the last day or its to late and they are going to keep my deposit for rent arrears. The agent said he!!!8217;s been to court hundreds of times and garentees he!!!8217;s right and cant loose.
I!!!8217;m sure I!!!8217;m in the right here but if i loose my deposit or have to pay for two properties I!!!8217;m going to be in real trouble we struggle as it is.
Any advice appreciated

You are correct in that you do not have to give notice to end a fixed term contract because it ends when the fixed term ends it ends. The sticking point might be that you didn't return the keys until the following day then it could be argued that you started a periodic tenancy. As for paying rent until the property is re-let or sold the landlord is having a laugh. He sounds like your typical cake and eat it landlords.

Is your deposit registered with one of the three government schemes?

Chris.mcc240

Yes its with a Tennancy deposite sceme, i never tried to hide from the landlord i was moving out in fact few days earlier i txt and told him i had found a place. As I mentioned i did call in fact i text the landlord that evening and said i had moved out , what should i do with the keys. He txt me back and said he was extremely disappointed in my actions He didn!!!8217;t want them that day.

G_M

Provided yu have kept the evidence (the texts) that
a) you offered the LL the keys on the day the fixed term ended and
b) he 'didn't want them that day'

you should be in the clear.

However without that evidence, the fact that you returned the keys the day after the fixed term ended means you created a Periodic Tenancy and should now serve a months notice (and pay rent till the notice expires).

Chris.mcc240

I!!!8217;m joint Tennants with my partner
She txt him her exact words

Just to let you know we have moved out. When do you want to collect the keys or shall i put them through the letter box. Abegail.

He replies
Tell chris to call me .
We need to do an inventory check.

He then phones me swore at me a lot and said meet him the next day.

need_an_answer

So at what point were the keys returned? through the letterbox on the day of departure or given over the next day?
Were you specifically asked to hold them until you met with the LL or whoever carried out the inventory.


You say the LL didn't want them back and were advised by GM that you may technically have fallen into a periodic tenancy.

At best the LL can ask for the extra days pro rata rent wise until the keys are returned.
At worst you will be liable for the full months rent.

Written communication is always best when dealing with the leaving of tenancies,texts can be vague and the spoken word often misheard.

Correct he probably does need to do an inventory check but you could and possibly should have returned the keys on the actual end date of the tenancy.
those are 2 separate issues.
An inventory is not normally carried out until the keys are returned and the property vacated.You don't need to be present when the inventory is carried out

Chris.mcc240

He met me at the property next day and did the inventory . I didn’t stay but he had paperwork saying I was returning the keys that day so the next day . I refused to sign it saying I tried to hand them back the day before. He didn’t want them and he only lives a couple of miles away. I know he’s trying to trick me into continuing to pay the rent. This is very worrying

need_an_answer

But the fact is you didn't hand them back on the day the tenancy ended!
The keys must be returned at the end of the tenancy.

Your failure to do so may result in your LL perusing a claim that your tenancy went periodic.

what do you have in writing that actually says he didn't want the keys back on the day the tenancy ended?

If he only lives a few miles away I bet you now wish with hindsight that you had taken the keys over to him.
You would have had up till just before midnight to do that on the day your tenancy is due to end.

Chris.mcc240

I didn!!!8217;t put them through letterbox because he said he didn!!!8217;t have a spare set.

Pixie5740

If you can prove that you tried to return the keys on the last day of the fixed term then don't pay the rent your landlord is asking for and if he takes you to court present your evidence.

As for your deposit start a claim for the full amount back. Again, if your landlord tries to make a deduction for rent owed use the evidence you have to demonstrate you tried to hand the keys back the day the fixed term ended.

Chris.mcc240

That!!!8217;s all I can do. The way I see it he has nothing to loose trying to get the months rent from me. He obviously has a plan or he wouldn!!!8217;t have tried to make me sign the next day.