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Question

Ending a Tenancy (England) | England | Tenant Moves Out (England)

Tenant moves out but refusing to give back keys until getting the deposit – does the tenancy continue?

1 Oct 2021 | 1 comment

Our contract (AST) is ending at the end of October. The tenant confirmed that he wants to end the tenancy. He also said that he will move out by the end date and is happy for the inventory clerk to go in and do the inventory on the last day.

However, he is now saying that does not want to give the keys back until he gets the deposit back. The deposit is in a deposit protection scheme. Ignoring the fact that it is a unreasonable demand, where does it put us in terms of end of tenancy legally?

Does the tenancy continue until he returns the keys?

Answer

1 Comment

  1. guildy

    In the first instance, you could respond explaining that rent will be payable until keys are returned and that the deposit is in a scheme which can be checked anytime by the tenant if worried. In addition, you could say you may as an alternative change locks if keys not returned the cost of which will have to be made by the tenant and deducted from the deposit if necessary. That gives you two options of either charging rent or changing locks (but couldn’t do both).

    Hopefully it will resolve itself!

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