What counts as 'returning the keys'...

andrewjb3

An interesting post that's appeared on another less knowledgeable site, so I wondered whether anyone here might have a more definitive answer.. [Not my original question]

Tenant comes to the end of the fixed 12 month period of an AST tenancy. Leaves on the last day. Posts keys through the letterbox. Doesn't actually tell the agent or landlord.

5 months later the agent/landlord chases for 5 months rent that they've just noticed is missing.

Now - no notice was required to leave on/before the end of the fixed 12 months, but does leaving and posting keys through the letterbox count as ending / surrendering the tenancy? Or is some further action require?

propertyrental

What letterbox? The property? The agent? The landlord? Mine?

What address is given in the TA 'for the serving of notices'?

Alderbank

The tenants can stick the keys where they like, it makes no difference. It's just a figure of speech. How many sets of keys are floating around anyway?

Legally there is no confusion. If the tenants move out at the end of the fixed term, the tenancy ends. It will no longer exist. That's that. No notice or any communication required.
This is under a rule quaintly known by lawyers as ‘effluxion of time’. 

Landlords don't like it but they can't do anything about it.

andrewjb3

To answer:
- Keys posted through the letterbox of the property.
- Don't know about "the serving of notices"

Obviously the issue is that the agent/landlord didn't actually know the tenants had gone. So we think it's definitely the agent/landlord's obligation to check, rather than the tenant's to inform them?

theartfullodger

Stupid greedy agent/landlord.  Tenant owes nothing.

Artful: landlord since 2000

user1977

So how does the landlord determine whether the tenant has vacated, without the usual "quiet enjoyment" concerns about letting themselves in etc?

quotememiserable

I assume they stopped paying. Did the landlord not notice that?

km1500

If the tenants move out at the end of the fixed term, the tenancy ends. It will no longer exist. This is under a rule quaintly known by lawyers as ‘effluxion of time’. 

So, if the tenants have moved out by that date, then that is the end of it. The tenants no longer have any liability under the tenancy and the landlord no longer has any right to charge rent.

Landlords often get upset about this if the tenants have moved out without giving them any notice. Sometimes they may even put in their tenancy agreement a clause requiring the tenant to give notice if they want to leave at the end of the fixed term and providing for them to pay ‘rent in lieu of notice’ if they don’t.

 Sadly (for the landlords) these clauses will almost certainly be void under the Unfair Contract Terms regulations (now part of the Consumer Rights Act 2015).

 The tenant only signed up for a specific period of time.  Any clause forcing him to stay longer or attempting to make him liable for continuing rent if he has moved out will be considered ‘unfair’ and unenforceable.

andrewjb3

I understand about the effluxion of time, but as user1977 asked, how does the landlord know they've left the tenancy, and not just emptied the house and gone on holiday for a few weeks, if there's been zero contact? I assume that the empty house and posting of keys through the door is a pretty darn good indicator of termination, but what if they returned a couple of weeks later to find new tenants, and claimed an illegal eviction.? I don't see a 100% way, as a landlord, to be certain of the situation.

tooldle

Was there no deposit?

FindMyWayBack

5 months later and nobody noticed the rent had stopped?
5 months later, no comms re inspections?
Whose fault?
Seriously?