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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 7038
Experience:  Solicitor
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I am a tenant of a property and the tenancy is due to end on

Customer Question

Hello I am a tenant of a property and the tenancy is due to end on 2 August. In October I moved out of the rented property as I had bought a property. Via the agents the landlord agreed to re-let the property and I agreed that I would pay the difference between the rent due from me up until 2 August and what he received from an incoming tenants if the rent was less than what I was paying.A new tenant was found and it took ages to go through referencing. However, the agents told me that the new tenants would be moving in on 16 January. They told me that the new tenants could not sign the agreement until the first day of their tenancy which struck me as odd. The agent to me that the deposit and advance rent would be due on Thursday 11th. The calculated my final payment due on 2 January for rent up to 16th Jan plus 7 months @ £100 per month as the new tenants were going to be paying £1,400 pm whereas I was paying £1,500 per month.The agent also asked me to do final quick clean by Thursday eve (a thorough clean had already been carried out but property has been empty for a good 6 weeks or so. I was asked to hand back the keys by 8 am on Friday 12th as the inventory person would be attending the property. I told them I would hand them back one set on Thursday eve and the other set on Saturday 13th.I went into the letting agents with the other keys and remaining post for the landlord. I was told by the manager who accepted the keys that the incoming tenants had not paid their deposit on Thursday 11th or 12th and were not returning their calls! Needless to say that the tenants did not move in on 16th January and the agents have told me I remain responsible for the rent, council tax, utilities (which of course I have already cancelled) until the 2 Aug or until they have found another tenant. They still hold the keys.I have just been speaking to the solicitor who acted on the purchase of my property and he expressed great surprise that the agents accepted the keys back on Saturday because in law I have now surrendered my tenancy. He recommended that I send a brief email to the letting agents to inform them that having taken legal advice I understand that I have surrendered my tenancy and am no longer responsible.Since speaking to him I have done a little research and it appears to be a very grey area and I'm not sure how successful I would be with taking the advised action.What would your advice be please?Many thanks
Submitted: 4 months ago.
Category: Property Law
Expert:  Jamie-Law replied 4 months ago.

Hello my name is ***** ***** I will help you with this.

What is it you want to achieve please?

Customer: replied 4 months ago.
I am looking for a second opinion on whether what I have explained in my question means that I have a case to claim that the tenancy has been surrendered and my tenancy is at an end.
Expert:  Jamie-Law replied 4 months ago.

Yes, you do. The new tenant was found and went through referencing.

As such the tenant has been surrendered and come to an end. You can not have 2 people letting the property.

So yes, it is at an end.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 4 months ago.
But the new tenant had not signed their tenancy agreement and so there weren’t 2 people letting the property. Only my tenancy agreement was in place when I handed the keys back.
Expert:  Jamie-Law replied 4 months ago.

But you had handed it back and they accepted the keys. It had ended.

Does that clarify?

Customer: replied 4 months ago.
Hi Jamie thanks. Where do I stand with my rent deposit which is with DPS?
Expert:  Jamie-Law replied 4 months ago.

You can seek to claim it back. If they refuse you can issue a small claim at: www.moneyclaim.gov.uk

Does that assist?

Expert:  Jamie-Law replied 3 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars on the page before you leave today.

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