Evidence to show that an agreement was reached on waiving notice period

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    Evidence to show that an agreement was reached on waiving notice period

    * Rent period 26th - 25th
    * S21 expired 25th April
    * Tenant's NTQ expired 19th April
    * Tenant surrenders tenancy on 26th April i.e. start of new period

    Adjudicator decision: cannot find the tenant liable for the rent between 26 April 2021 and 25 May 2021 without evidence to show that an agreement was reached on waiving or not waiving the notice period.

    What notice period do you think it is referring to and what sort of evidence should I have reasonably provided?

    #2
    Was this a periodic tenancy?
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      That tenant surrenders is all very interesting, but surrender needs agreement by both parties.

      Suspect adjudicator doesn't understand surrender process, or there is something in the rules that decides what happens when there is surrender. Ask the scheme what they mean! (Staff training likely minimal)
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        There's a lot to unpick and not enough information.

        The dates for the tenant's notice can't be valid unless the landlord agreed that it was.
        If that's the case, the tenancy ended on 19th April, otherwise it didn't.
        If the tenancy had ended, the tenancy periods no longer matter and no rent is due, if it hadn't the tenancy periods matter and rent is due.
        If the tenancy has ended, there's not really a surrender, if it continues the terms of the surrender are important.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          If the rent periods and the tenancy periods coincide then when served the NTQ was invalid. You may though have validated it subsequently. You will have done that if you said anything indicating you accepted the notice. There is also an argument that by taking back the premises only a few after the expressed expiry date you accepted the notice was valid even though the tenant was late in giving possession. No new tenancy will have arisen unless both parties did something to indicate it. The tenant would have been a trespasser for the extra few days for which you are entitled to a payment for use and occupation. I am inclined to think that the adjudicator's decision was right, though possibly for the wrong reason.

          If the NTQ was valid because the 19th April was in fact the last day of a tenancy (and was otherwise valid) then the same argument about trespassing applies.

          Unless there is some detail you have not mentioned I think the decision has to be accepted.

          Comment


            #6
            When did tenant actually move out (25th 26th ?) Would seem to be the least information needed here.

            Comment


              #7
              Thank you all for the input the tenancy was periodic. The tenant moved out late on 26th. Checking the NTQ by virtue of the savings clause the notice expired on 25th and not 19th as the tenant stated on the NTQ. Trying to understand where the adjudicator is coming from.

              Comment


                #8
                I have no choice but to accept the decision and have no plans to dispute it but trying to understand what it is I should have done/not done - it is not obvious

                Comment


                  #9
                  When they left, you either accepted their surrender, or you didn't. You can't just unilaterally change the terms and add a month to it. You could argue that you didn't accept their surrender, but in that case the tenancy would have continued, they could have stayed living there, you would have had to go through eviction proceedings, etc.

                  You can also argue that the tenancy ended when their notice expired, but they stayed in residence. That might allow you to claim from them for the trespass, but not for another month's rent.

                  You gave them notice to leave, they left when they were required to - I can't work out why you then tried to make them stay longer.

                  Comment


                    #10
                    Originally posted by cymro123 View Post
                    The tenant moved out late on 26th. Checking the NTQ by virtue of the savings clause the notice expired on 25th and not 19th as the tenant stated on the NTQ. Trying to understand where the adjudicator is coming from.
                    Ah. If the tenancy ended on the 25th and the tenant moved out on the 26th you are going to have a hard time persuading a judge that the tenant owes you a month's rent.

                    Comment


                      #11
                      I think the @artfullodger has explained (not the statement but why that statement was made) - the adjudicator"s statement is nonsense as you cannot waive the (Section 21) notice period so therefore cannot provide evidence of it. On expiry of the notice (period) if the tenant remains in occupation the tenancy continues and so too do the liabilities that go with it. Thanks all.

                      Comment


                        #12
                        cymro123,

                        In the first post it is not specified what notice period is referred to. Anyway, the section 21 notice is a red herring as the tenant's NTQ brought the tenancy to an end. The position looks clear. The tenancy ended on 25th April and the tenant overstayed by a day without anything being said or done which indicated that a new tenancy had been agreed. The landlord is not entitled to a month's rent.

                        Comment

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