New tenant decided to not proceed with tenancy on start date?
1 year ago | 14 comments
Tenant refuses to hand over keys?
12:01 AM, 4th April 2025, 1 year ago
17
Hi, I recently had a tenant who refused to handover the keys after the check out unless I agreed, in writing, to return the entire deposit (held in a government approved scheme). He insisted on an email confirmation before handing over the keys.
There was damage to the property and appliances, other than normal wear and tear. The tenant stated that he needs the deposit immediately to secure a new place otherwise he will be homeless.
There was a further claim that this is the advice he was given by his local council! I was also told, very helpfully, by the tenant’s friend ( who claimed to be a seasoned landlord) that it will cost me more in time and money to get the flat back so I had better agree to their terms. The tenant had five of his friends attending the check out appointment.
The tenant also did not permit any viewings by potential tenants despite this being in clear breach of his agreement.
I have taken a view and dealt with the matter. It was a very unpleasant and stressful situation. Media talks about landlord being the bad guys and tenants being taken for a ride.
However, I would like to know if any other landlords have had a similar experience and how they dealt with this? Legally, is the tenant allowed to do this?
Thanks,
Chris
Tags:
Deposit Dispute, end of tenancy, Landlord rights, Tenancy deposit scheme, tenant checkout issues, tenant withholding keys
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Member Since March 2023 - Comments: 41
8:40 AM, 5th April 2025, About 1 year ago
Reply to the comment left by clarkydaz at 05/04/2025 – 00:21
Have you never had to change a lock because the key has gone missing? Or the tenant’s left without telling anyone and taken the keys with him? That’s what you pay a locksmith to do!
Member Since March 2023 - Comments: 41
8:45 AM, 5th April 2025, About 1 year ago
Reply to the comment left by Jerome roelens at 04/04/2025 – 18:19
Good point. But if they’re leaving at the end of their tenancy anyway and simply refusing to return the keys, are they still considered to be in residence? And if so, the liklihood of them continuing to pay rent is low, so you would hve to wait for 2 months arrears before going through the section 8 routine. If this is correct, then of course you would agree to pay them back their full deposit. It wouldn’t make financial sense to do anything else.
Member Since June 2020 - Comments: 19
9:52 AM, 5th April 2025, About 1 year ago
Reply to the comment left by Small Portfolio Landlord at 05/04/2025 – 08:40
It’s not that simple, if they have the keys they haven’t surrendered the tenancy. If you change the locks they can sue you
Member Since June 2020 - Comments: 19
9:53 AM, 5th April 2025, About 1 year ago
It’s not that simple, if they have the keys they haven’t surrendered the tenancy. If you change the locks they can sue you
Member Since March 2023 - Comments: 1506
10:07 AM, 5th April 2025, About 1 year ago
Pragmatically, chalk it up to experience. Vindictively wait a couple of years then issue a court claim (MCOL), tenant will have forgotten about it by then and you could get him a CCJ by default – that would could him some issues.
Member Since September 2023 - Comments: 157
2:26 PM, 5th April 2025, About 1 year ago
A right to allow viewings in the tenancy agreement is pointless. They can refuse and you’ll have to do a section 8 notice for breach of lease which is a discretionary ground the judge is very unlikely to grant due to quiet enjoyment. Plus the tenant is likely to leave before you reach court.
Your leverage is down to if the tenant has given notice or signed a deed of surrender. If they have then their tenancy is over, and if they overstay then you can charge double rent as mensi profits, under the distress of rent act 1737.
If they haven’t then their tenancy isn’t over and has moved to periodic tenancy once the fixed term is over. And rent is due as normal.
If they claim to have returned possession and left, and put that in writing, then simply charge for the cost of a locksmith and new locks from their deposit on top of any damages.
The tenant doesn’t have the leverage they think and are likely to only lose more of their deposit.
Member Since December 2023 - Comments: 31
5:27 PM, 6th April 2025, About 1 year ago
Were you evicting him or did he give valid notice?
If he gave notice then I would consider the tenancy ended on the appropriate date and simply changed the locks.
While someone said you can still charge rent, you must be careful that this can in some (maybe all) cases begin a new tenancy with all the requirements that go along with that.
If you were evicting him, then you probably made a good decision to just give him the deposit back to get him out. It would have taken you a good few months and time and money to go to court over it.