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Notice given - Keys requested early

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289 views 1 replies latest reply: 19 January 2016


I gave my notice to my landlord and we agreed 1 weeks notice as I was moving into council property and needed to take my keys immediately, and he was happy also as he had a new tenant ready and waiting.  

I handed my keys back the Monday morning and the new tenant took possesion of the flat Monday monring.  My landlord is now trying to say that it is legal for him to request payment for 28 days notice even though we agreed 1 week and he already moved ne tenant in.  That would mean he has additional 3 weeks rent from me and 3 weeks rent from new tenenat. 



Hi Kelly

Do you have in writing from him that he agreed to the one week’s notice? If so, that would most likely represent a surrender of the tenancy on the landlord’s part. I’m not a lawyer but if you have that then it would be difficult for the landlord to argue that they didn’t agree to the tenancy coming to and end – which is what also brings to an end the obligation to pay rent.

It’s probably worth speaking to someone with legal knowledge at Citizens Advice or a law centre but I highly doubt that he’d be able to argue he didn’t agree to surrender the tenancy as he’s accepted your keys back (and moved someone else in). It sounds more likely that he is just trying his luck to see if he can squeeze any extra cash from you. 


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