How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Property Law Question Here...
Joshua is online now

My six months AST terminates tomorrow. I have not given the

Resolved Question:

My six months AST terminates tomorrow. I have not given the agents any notice cause there is no clause in the agreement to give any notice. I called their office yesterday that I was coming over tomorrow which is the last day of the tenancy to drop the keys. The agents insist I should have giving them one month notice but I argued that there is no clause in the agreement for such. I have asked them to send me the clause in the contract that I signed indicating one month notice but am yet to get any feedback. The only clause for notice is if the tenancy becomes periodic after the six months. I have already move my things out of the property.
My question is if I go to drop the keys tomorrow and they refuse to collect, what can I do?
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

For the avoidance of doubt this is a fixed 6 month AST you signed which ends on 13.02.15. Is that correct please?

Customer:

yes

Joshua :

Thanks. In that case you are correct in your belief. There is no requirement for a tenant under an AST to give notice to terminate providing the tenant fully vacates the property and returns all keys to the landlord/agent no later than the last day of the tenancy - in practice this must be before any agent closes that day.

Customer:

thank you, ***** ***** is that the agents may try not to collect the keys from me, insisting on the notice as a colleague of mine warned.

Joshua :

Contractually what happens is that providing you vacate and return keys as above the contract terminates at the end of the last day of the tenancy. Where this will go wrong is if you remain in occupation for even a day longer than the last day of the tenancy. What happens then is a statutory periodic tenancy arises automatically under the Housing Act from month to month which you would then need to give one months notice to terminate. However providing you vacate as above, this does not happen.

Joshua :

The advice you have received from the agents is a common misunderstanding by agents (sometimes deliberate often due to lack of understanding of housing law).

Customer:

Please what can I do if they insist and refuse to collect the keys?

Joshua :

It is important that you ensure that the keys are returned in time as above and that you have evidence of this - ideally a receipt signed by the agent or failing this a photographs of the keys being handed over which you then email yourself on that day to create a record of the date and time they were returned. Providing you have such evidence then if they were to attempt to collect further rent they would fail in court.

Joshua :

You should not rely on them collecting the keys. Legally it is your responsibility to return them - this can be arrangement but failing which you should consider handing them to them at their office or asking a friend or representative to do so for you.

Customer:

I intend to drop it myself but what if they refuse to collect the keys?

Joshua :

Sorry I don't quite follow - if you are dropping in the keys what is that they would need to collect. Do you mean what if they refuse to accept the keys?

Customer:

that's what I mean, if they refuse the accept the keys

Joshua :

Thanks. They cannot legally refuse to accept them. If they do refuse, consider getting out your smartphone and videoing the encounter ensuring you record on video that you are returning the keys to [property] and ask for a receipt. If they refuse to accept them say on video that they are not able to refuse to accept them and that you are recording the fact that you are delivering all the keys to their office and that they are refusing to give you a receipt. Consider then also taking a photo of the keys and emailing to yourself as above. This will be more than satisfactory evidence of termination of the tenancy if it is later disputed.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer:

thank you. after videoing the process, can I then leave the keys on their table and walk away?

Joshua :

Certainly. Just ensure you retain a clear video record through narration of who you are, where you are and what you are doing - give names, date, addresses etc so it is clear and show the keys on video. It mind sound obvious but if it did go to court itis important the court can tell from the video what the keys are when you handed them in and where you were. It is likely to be over the top but it is unequivocol evidence in the event of a dispute.

Joshua :

Is there anything else i can help you with?

Customer:

thanks, ***** ***** that will be all

Joshua :

I hope all goes well.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    453
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1907
    LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    846
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    308
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions