extending tenancy if signed notice not given

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    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

    #2
    "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.

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      #3
      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.

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        #4
        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.

        Comment


          #5
          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.

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            #6
            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

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