extending tenancy if signed notice not given

  • Filter
  • Time
  • Show
Clear All
new posts

    extending tenancy if signed notice not given

    We handed in our notice for the “end of April” via email without signature with well over a months notice for this. On request of our landlord we handed back keys and the property was full vacated on the 31st April.

    The land lord has since stated they wish to extend our tenancy till the 10th may as we did not provide a specific date and signed notice, because workman had to be organised to decorate and redo floors between us leaving the property and it being able to be put up for a new tenant. The issues mentioned were already noted in the check in report and they won’t provide us with invoices for the work.

    The land and lord is holding our deposit until the “arrears” are paid. If the landlord wished to use the proper channels to seek recompense for perceived damage then that’d be a different matter. And could be picked up by the deposit protection agency.

    can the land lord arbitrarily extend the tenancy after we have returned and vacated the property on their instruction because we did not state an exact leaving date??

    the amount in dispute is about 250.00 its not a lot but we’re 1st time buyers and we need all the money we can keep hold of now.

    thank you in advance for any information here

    "End of April" seems pretty clear to me.....

    Demand the deposit back in writing, wait the requisite amount of time, then take it to the deposit protection scheme's arbitration if the landlord don't pay up.
    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.


      At common law a notice to quit does not have to be in writing and it has to follow from that that a signature is not essential. Statute provides that a notice to quit in respect of a dwelling has to be in writing, but does not require it to be signed. The lack of a signature does not invalidate a notice to quit. I agree with KTC that "the end of April" is clear enough.

      Even if the notice was invalid the tenancy came to end on 31st April by virtue of a surrender by operation of law as you yielded up possession to the landlord on that date.

      For the record, if the notice to quit was invalid because it was not clear on what date it was to take effect the landlord cannot unilaterally validate it by specifying a date of his choosing.


        There is no 31st April.

        Unless OP fully vacated T before midnight on the 30th the T continues with same T&Cs for a new monthly Rental period.
        T gave invalid NTQ
        I am inclined to assume OP tried to shorten the gap before the new house was
        ready for occupation in <1month, to save money.


          Originally posted by mariner View Post
          There is no 31st April.
          We were just testing to see if you were paying attention.

          There are essentially two possibilities here:

          The notice was valid. If it was the tenancy ended on 30th April whenever the tenant left. If the tenant left after 30th April a new tenancy only arose if it can be shown that both parties intended it to.

          The notice was invalid. If it was the tenancy ended by virtue of a surrender by operation of law on the day the tenant gave possession to the landlord.


            We did vacate on the 30th that was simply me failing to get the amount of days in April correct, thank you for the replies this is very helpful


            Latest Activity


            • Advice for tenant asked for big rent rise
              by Renterthedragon
              I’m a tenant facing a sharp rent increase and in need of advice.

              I have a good landlord who agreed to a rent reduction last year because of ongoing maintenance issues and lower market values. However, I can only communicate with them through an agency.

              Approaching the end...
              18-05-2022, 22:10 PM
            • Reply to notifying utility companies of tenant change
              by ash72
              I've not found any short-cuts, as each company has their own quirks on dealing with this. It usually takes a couple of calls to a customer services person to provide the information, due to GDPR they wont say anything about the exiting T.

              Some Councils, seem to have an online form you can...
              18-05-2022, 21:21 PM
            • notifying utility companies of tenant change
              by flyingfreehold
              Does anyone have a shortcut? Right now we seem to have to hang on interminably long on the phone to provide details of leaver readings, put the account back in landlords name and then to provide new tenants' details when the place is re-let. Anyone know of a shortcut? We used to send out letters but...
              18-05-2022, 21:10 PM
            • Reply to Single parent renting
              by Hooper
              I am not sure that it will make her feel any better but I suspect that the children are more of an issue than being a single mum. Friends of mine have been rejected from every family size house they have applied to. They are high earning professionals with decent references and ... two young kids 2...
              18-05-2022, 20:28 PM
            • Single parent renting
              by Dct
              A friend of mine who is a single parent with three children is trying to find a house to rent. She has three children and recieves UC mainly to help with childcare costs, but despite viewing several houses and showing interest and showing she is more than able to pay rent, she has been turned down and...
              18-05-2022, 16:32 PM
            • Reply to Single parent renting
              by Hudson01
              This may just be one part of it, as ' ash72' states there are a lot less rental properties now (and it will get worse in the future), rents have sky rocketed and a LL can simply pick and choose the very very best tenant. It has become even more important than ever to get the right tenant, this is due...
              18-05-2022, 19:40 PM
            • Reply to Advice for tenant and section 8 counter claim
              by Hudson01
              As 'ash72' states you may be angry at the perceived way in which the landlord has treated you but do not mix the two up, If you wish to take on more stress after you have been evicted and may still be looking for a place to live...... which with a CCJ will be all but impossible, go ahead, but i would...
              18-05-2022, 19:14 PM
            • Advice for tenant and section 8 counter claim
              by Forgetmeknot
              I wondered if anyone can tell me if it is possible to counter claim for damage, harassment, poss landlord breach in contract and emotional distress in a section 8 eviction.
              so basically I’ve read online that i can claim for compensation which will go towards reducing my rent arrears but my solicitor...
              18-05-2022, 16:30 PM
            • Reply to Let a house to local council
              by ram
              If you are in flats, with service charges, the buildings insurance for residential Landlords insurance ( the Landlord of the freehold, that insures the building ) The insurance company may well cease immediately the insurance coverage.

              It happend to our block of flats ( I was the Co. Sec,
              18-05-2022, 18:54 PM
            • Let a house to local council
              by r3drum

              Have a property which is currently marketed for rent ( 2 bedroom - fully renovated ). Been about 3 weeks and not had much interest shown.

              Anyone got information or first hand knowledge around renting the property to the local councils or any other authorities which guarantee...
              20-11-2019, 11:58 AM