Ending tenancy when relationship with landlord has broken down

alirx

I'm renting a property that I've been in for a few years. I had a couple of fixed terms but have been on a rolling periodic tenancy for a while. Unfortunately the relationship with my landlord (or mainly their agent) has broken down and I have been served with a S21.

I was disappointed by this, but have found somewhere to move to and am happy to go as the situation is becoming increasingly unpleasant. I move into my new place 2 days before the expiry of the S21.

My main question is how I can get over the end of the tenancy with as little contact with the agent as possible. I'm proposing to move out, clean, take photos then post the keys back to the agent or have a friend take them in with a note making clear I've left.

Unfortunately things with the letting agent are at a stage where I don't really want to speak to them or have any contact with them. But I also want to have a hassle free checkout and move on with my life.

The disagreement started from unauthorised access to the property, I changed the locks but continued to allow access on request for inspections etc. Due to some of the issues I was having, I changed the lock but would argue the agent would not even know this if they weren't coming over when it wasn't agreed. Clearly the agent was visiting without permission or notice as they did find out the lock had changed. I shan't bore you with he said she said but this came to a head when I came home from a work trip to find a locksmith about to change my lock! I was able to get agent and locksmith to leave after I threatened to phone the police (as they were breaking into my home). After this, agent is very angry every time I speak to him. Continues to threaten to come and change the locks so I just stop answering the phone. Reached a point where I have now stopped granting access requests as I don't want to have to interact with the agent.

I then receive S21 in the post and mercifully, the agent stops calling me. I'm thankfully able to find somewhere else without the lack of LL reference being an issue and am packing up to leave next week.

I haven't replied to the agent or acknowledged the S21 at all so I guess they don't currently know if I'm going to leave or not. Ideally for me, I would move out my stuff, final clean, take pictures then replace the original barrel from the lock and post my keys to the agents with a note making clear I have left as requested.

My deposit is protected in a custodial scheme and I'm confident I haven't damaged the property and will be able to clean it appropriately so would expect to get my deposit back. I would plan to put in a claim for the full amount direct with the scheme when I return the keys.

Am I causing myself issues by not attending a checkout? I'm sure you can understand that I don't want to see the agent. If I take plenty of photos, is there a potential consequence of my proposed plan that I'm not seeing. As I won't be able to discuss inspection findings with the landlord, would the scheme contact me to provide evidence if the landlord put in a claim for deposit?

Any advice or suggestions on something else I could do now would be appreciated. I don't really want to hash over what happened.

G_M

alirx wrote: »

I'm renting a property that I've been in for a few years. I had a couple of fixed terms but have been on a rolling periodic tenancy for a while.
What are the dates of your tenancy periods?
Unfortunately the relationship with my landlord (or mainly their agent) has broken down and I have been served with a S21.

I was disappointed by this, but have found somewhere to move to and am happy to go as the situation is becoming increasingly unpleasant. I move into my new place 2 days before the expiry of the S21.
Have you served notice to end the tenancy? Served what date to expire what date?

A S21 does not end a tenancy. Hopefully however your LL/agent will be happy that you are leaving as wanted so will not make an issue of this.

My main question is how I can get over the end of the tenancy with as little contact with the agent as possible. I'm proposing to move out, clean, take photos then post the keys back to the agent or have a friend take them in with a note making clear I've left.
Provide a covering letter making clear you have vacated as requested by the landlord and that the tenancy has thus ended on xx date (date keys returned).
Hopefully the LL will accept this, but see my comment above.

Unfortunately things with the letting agent are at a stage where I don't really want to speak to them or have any contact with them. But I also want to have a hassle free checkout and move on with my life.
No need to speak, but a written record is advisable.

[STRIKE]The disagreement started from unauthorised access to the property, I changed the locks but continued to allow access on request for inspections etc. Due to some of the issues I was having, I changed the lock but would argue the agent would not even know this if they weren't coming over when it wasn't agreed. Clearly the agent was visiting without permission or notice as they did find out the lock had changed. I shan't bore you with he said she said but this came to a head when I came home from a work trip to find a locksmith about to change my lock! I was able to get agent and locksmith to leave after I threatened to phone the police (as they were breaking into my home). After this, agent is very angry every time I speak to him. Continues to threaten to come and change the locks so I just stop answering the phone. Reached a point where I have now stopped granting access requests as I don't want to have to interact with the agent.[/STRIKE]Interesting background but all irrelevant now.

I then receive S21 in the post and mercifully, the agent stops calling me. I'm thankfully able to find somewhere else without the lack of LL reference being an issue and am packing up to leave next week.
Fingers crossed they accept your 'Early Surrender'.

I haven't replied to the agent or acknowledged the S21 at all so I guess they don't currently know if I'm going to leave or not. Ideally for me, I would move out my stuff, final clean, take pictures then replace the original barrel from the lock and post my keys to the agents with a note making clear I have left as requested.
They have not 'requested' you to leave. They have said that after xx date they might apply to court for possession. There again, they might not.

My deposit is protected in a custodial scheme and I'm confident I haven't damaged the property and will be able to clean it appropriately so would expect to get my deposit back. I would plan to put in a claim for the full amount direct with the scheme when I return the keys.
They might claim you failed to serve proper notice so still owe rent.

Am I causing myself issues by not attending a checkout? No. Unusual for tenants to attend.
I'm sure you can understand that I don't want to see the agent. If I take plenty of photos, is there a potential consequence of my proposed plan that I'm not seeing.
not regarding check-out, no.
Just the notice issue.

As I won't be able to discuss inspection findings with the landlord, would the scheme contact me to provide evidence if the landlord put in a claim for deposit?
If the LLputs in a claim, you have the right to dispute it. See link below.

Any advice or suggestions on something else I could do now would be appreciated. I don't really want to hash over what happened.

Too late now to serve notice, so.... fingers crossed.

* Deposits: payment, protection and return


Edit: the above was the situation prior to introduction of Form 6a (which I assume you received?). Having just looked at the wording of Form 6a, I'm questioning my own advice above as it says:

"You are required to leave the below address after [date]" so maybe I'm talking nonsense. Often happens on the internet.....

alirx

G_M wrote: »

Too late now to serve notice, so.... fingers crossed.

* Deposits: payment, protection and return


Edit: the above was the situation prior to introduction of Form 6a (which I assume you received?). Having just looked at the wording of Form 6a, I'm questioning my own advice above as it says:

"You are required to leave the below address after [date]" so maybe I'm talking nonsense. Often happens on the internet.....

Wow ok thanks. I was not aware of that. As you say, it's too late to do anything now.

I did receive Form 6A. My tenancy month runs 18th - 17th and my S21 expires 17th Jan.

If what you're saying is right, the guidance that comes with this form is inadequate. There's a section about "What to do if this notice is served on you" which does not make any reference to me having to give my own notice and refers to "the date you are required to leave.... shown in section 2 below".

I also fished out my tenancy agreement and one of the terms is "It is agreed that after the initial fixed term, notice in writing may be served by either party to terminate this agreement. The Tenant may serve notice in writing of at least one calendar month up to the end of the following rent period. The Landlord may serve notice of at least two rent months to terminate this agreement.". I really took this to be them serving me that notice.

I did understand that if I hadn't found somewhere to go that I could stay and make them go to court to remove me. Honestly I wasn't in a position to give notice a month ago as I wasn't sure I had somewhere to go to. I understood if I gave notice, I'd be removing any option I had to remain here until I got sorted. With Christmas and the reference situation, I only found something on Monday. I guess that's a slapped wrist for me for not understanding this though because I thought I knew (enough!) about tenancy law and I'm no stranger to reading complex documents on other topics.

I've never left a property other than at the end of a fixed term before. Thanks for the heads up! I guess I should be thankful that I have somewhere to go where hopefully I won't be harassed. Also that losing a month's rent over this would be annoying and seem unfair but wouldn't stop me eating.

G_M

Some discussion here on the wording and legal force of Form 6a:

https://forums.landlordzone.co.uk/forum/take-a-break-for-the-less-serious/75372-form-6a

See especially post 12.

The form says "You are required to leave...." but in fact the landlord still cannot end the tenancy - only a court, or the tenant, can do that. If the LL wants to end the tenancy, he must wait till the date on the form and then apply to court. Pending that court order, the tenancy continues and the tenant can stay. Indeed, since the tenancy continues, rent is still due.

Of course, the tenant can serve his own proper notice to end the tenancy. Or the tenant and Landlord can mutually agree an 'Early Surrender' of the tenancy.

This is because the Housing Act 1988 (under which S21 was introduced and amended) specifically states that a LL cannot end a tenancy.

5 Security of tenure.

[F1(1)An assured tenancy cannot be brought to an end by the landlord except by—
(a)obtaining—
(i)an order of the court for possession of the dwelling-house under section 7 or 21, and
(ii)the execution of the order,

At least that's how I now understand it, despite the "You are required to leave...." implying that the tenancy would then end.

Crashy_Time

Is the agent a big company or a smaller operation?