Has this tenancy ended or not?

[PaulF]

A letting agent telephoned me this morning with the following problem:

1. Tenant vacated on 8 January owing £1300 rent where the monthly rent is £550; the deposit held is about £750.
2. Dilapidations come to more than the deposit held.
3. T has left a bed frame (no mattress), a washing machine, tumble dryer and a few incidentals.
4. L has already changed the locks
5. T has not surrendered any keys.
6. T has contacted agent about collecting said goods at premises and agent has refused on the grounds that rent is still outstanding.
7. Agent correctly served a S.21 that was effective "after 7 January 2011".
8. Agent considers T will not attempt to return to the premises.

I consider the tenancy has not ended as keys have not been surrendered, and T has left some goods. I have told agent not to dispose of goods unless there is a clause in AST stating a time factor concerning removal (in order to offset partial rent arrears). Do you feel that there might be problems because I do?

[jeffrey]

When did/will the Letting Agreement''s fixed term expire?
If T's vacated, it's no longer operating as an AST of course.

[PaulF]

The tenancy was periodic and I don't know the answer to your Q. T might well have vacated but as keys have not been surrendered I was a little concerned at L changing locks.

[jeffrey]

The point is that SPT surely cannot run-on unless T still has 'only/main residence' status.

[PaulF]

So would you say that L is okay to have changed locks and retained T's possessions in lieu of rent?

[mariner]

It sounds like the T vacated (abandoned) the Tenancy on 8 Jan, poss as response to s21 Notice.
In similar circumstances the Agent advised serving an presumed abandoned Notice on the property, stating locks would be changed in 7 days and inviting T to contact L within x days from date of Notice if presumption was wrong. Any T possessions had to be stored for 3 months before disposal.
There may be debate whether holding contents to 'ransom' for arrears is lawful if contact is made during the 3 month holding period. It may be they have little resale value and collection would allow a request for a documented forwarding address and hand over a small claims NBA for full recovery of rent & expenses and a signed Agreement the tenancy was voluntarily surrendered on 8 Jan.