T denies rent after the NTQ expiry he made unclear later

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    T denies rent after the NTQ expiry he made unclear later

    Short story:
    1. The tenant (T) served me the notice to quit (NTQ) after I served him the Section 21 (S21) Notice. The NTQ expiry was 2 weeks earlier than the S21 expiry.
    2. After several days, T sent the rent up to the NTQ expiry, and wrote he *didn't know* if he will need to stay longer. (1 month before the NTQ expiry)
    3. But then 2 weeks before the NTQ expiry, T suddenly wrote that he wants to terminate the tenancy by the NTQ expiry, which was 2 weeks earlier than the S21 expiry.
    4. I initially agreed, but later I wrote T that he should be liable for the rent up to the S21 expiry, since I could not rent the property to others between the NTQ and S21 expiries due to uncertainty.
    5. But T insists he didn't *ask* to stay longer. T indeed vacated by the NTQ expiry, and disagrees with deducting the rent up to the S21 expiry from the deposit.

    Q: Am I entitled to deduct the rent up to the S21 expiry from the deposit? Will I win if I have to bring this to the TDS or the court?

    (All communication was made in email.)

    -----

    Long story:
    1.1. The tenant (T) emailed that he wants to terminate the tenancy two weeks earlier (NTQ expiry) than the Section 21 Notice expiry date (S21 expiry) I gave him, and I agreed.

    2.1. After several days, T sent the rent up to the NTQ expiry, and wrote that because of change in circumstances he didn't know yet if he will need to stay longer. So I told him to let me know if he needs to stay longer (1 month before the NTQ expiry).

    3.1. Two weeks before the NTQ expiry, I told T that I consider the tenancy ends on the S21 expiry, because he had not made clear when he will vacate.
    3.2. But then T suddenly wrote me he wants to terminate the tenancy at the NTQ expiry, which was only two weeks away.

    4.1. I initially wrote him to do so.
    4.2. But on the next day, I thought it's unfair because I didn't have a month's notice, so I raised objection and wrote that T should be liable for the rent until S21 expiry, but T and I disagreed.

    5.1. T indeed vacated by the NTQ expiry, and I had the exit inventory done the next day, to avoid confusion.
    5.2. Because T only paid rent up to the NTQ expiry, I demanded to deduct the rent up to the S21 expiry from the deposit.
    5.3. But T does not agree, pointing out that he never *asked* to stay longer. So he insists that the tenancy ended on the NTQ expiry.
    5.4. For me, this is unfair, because without knowing his definite exit day, I cannot let the property out. I was told about T's definite exit date only 2 weeks before the original NTQ expiry, so I don't consider it enough notice.

    #2
    If a valid notice to quit (in writing, at least one complete period, ending on a period) is given, then the tenancy in question will end on its expiry.

    If a short notice is given, and accepted by the landlord, then it's as if a valid notice was given.

    If both parties agree to waive the notice to quit (however worded), then a new tenancy is granted from when the original tenancy ended.

    2.1 Your tenant say they may need to stay beyond the NTQ, you indicated that you would be okay with this, but no definite agreement was reached.

    The tenancy ended on the expiry of the NTQ. You are not entitled to deduct two weeks worth of rent. There is no tenancy for those two weeks, no rent was due.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      Largely what KTC wrote, plus: S21 does not end a tenancy; it gives a date after which landlord can start proceedings for possession if tenant does not leave.

      But a NTQ cannot be waived; however, a new tenancy can be agreed starting the next day.

      Comment


        #4
        Q1.
        If a valid notice to quit (in writing, at least one complete period, ending on a period) is given, then the tenancy in question will end on its expiry.
        The original NTQ expiry was not on a period. It was one week earlier than that. So I think it is valid only while I agree with it. Although I initially agreed to it, he later wrote me that he does not know if he will need to stay longer. And now I made clear that I disagree with ending on the NTQ expiry. Doesn't this make the NTQ invalid, which would be valid only with my agreement?

        Q2.
        But a NTQ cannot be waived; however, a new tenancy can be agreed starting the next day.
        I don't think I can start the tenancy starting the next day of the NTQ expiry if T wrote he's not sure if he will need to stay more. When I wrote that the property is available after the NTQ expiry up to the S21 expiry, he wrote thank you, and said he will let me know. Doesn't this amount to his *reserving* the right to stay between the NTQ expiry and the S21 expiry?

        Comment


          #5
          Q1. You are bound by your original acceptance of the notice to quit. Later "withdrawal" of that acceptance is of no effect.

          Q2. Hence no new tenancy was agreed to start after the end of the original tenancy on the notice to quit expiry. No new tenancy, no rent due.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #6
            Please complete & paste 66253-important-information-required-from-all-new-posters

            Comment

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