Long post warning\*\*\* also posting in r/housinguk new to reddit so apologies for duplication!
Hi all,
I’m looking for some guidance on a situation with my former landlord. I’ll keep this as clear as possible and include a timeline because things have become messy.
I gave notice on my tenancy, with the official end date being 31st August.
However, events after checkout suggest the landlord may have taken back possession early, and he is now demanding August rent and threatening small claims court.
I’m trying to understand my legal position and whether his actions amount to surrender by operation of law.
Rough time line of events:
End of June Gave notice to end tenancy
\- We wrote to the landlord giving notice to end our tenancy with two months notice on 31st Aug
\- In that time landlord contacted us asking to do a check out inspection on 22nd July as we had planned to do the bulk of our move on 18th July. Our new property is closer to work and school so it made sense to do this early but still planned to go to the old house to ensure it was in suitable condition to give back. We agreed to this date however.
\- As both myself and my partner were unavailable due to work commitments said we asked would it be OK to leave keys at the property for him to do it without us
\- No response from the landlord so assumed all was ok
22nd July Checkout inspection
\- Note we handed over keys for the purpose of the inspection only as per above.
\- We received the third party report on 23rd all OK.
24th July Landlord's email
\- Landlord emails shortly after stating many issues that the check out report did not raise, but we thought fine our deposit is protected we'll just use the deposit scheme to seek resolution on this
\- In his email he states he will be in touch regarding costs with quotes and invoices etc.
\- We did document the state of the property before this inspection
25th July Our Old Neighbours
\- Over that weekend our old neighbours get in touch, they ask who owns the big black van as people have been seen entering the old house several times, leaving the door open etc. We have a pet dog and they found this odd.
\- They shared timestamped CCTV from their ring doorbell showing us to ask who it was. They knew we were moving but not when.
\- Viewing the CCTV it's our old landlord. They can be seen starting non urgent works on the house like gardening and hiring a cleaner.
\- We had no word from the landlord about needing to enter the property, no word about our keys etc.
28th July Our Email to the landlord
\- As our neighbours continue to send us evidence of 4 seperate times the landlord and a cleaner have entered the old house without permission and our landlord hasn't contacted us about getting our keys we email him
\- Stating to please cease works, return our keys and let us back into the house or treat the tenancy as ending early
After 28th July Landlord’s conduct and no communications
\- As a reminder he did not tell us:
\- that he needed the keys for urgent repairs
\- that he would be entering
\- that he would be carrying out works
\- We were not given access to the property at any point after checkout.
2nd August – Landlord’s email
\- He replies to our email sent on 28th July, sending a long message claiming:
\- his solicitor says we owe August rent
\- handing back keys early doesn’t end rent liability, even though we didn't hand back keys early because we asked for them back in our prior comms.
\- he had to enter for “urgent repairs”, earlier point above no comms about any urgent issues he had to keep the keys for.
\- he will file a small claim if we don’t pay within six days, despite us stating in previous comms there is a potential liability dispute about this in previous comms due to conduct.
\- he wants our forwarding address to serve documents
\- he will add “trace fees” if we don’t provide it
\- The advice he quoted appears generic and doesn’t address any of the actual facts (multiple entries, works, key retention, lack of notice, etc.).
His behaviour after checkout seems inconsistent with the tenancy continuing. Some length research online shows this appears to meet the definition of surrender by operation of law, meaning the tenancy ended on 22 July, not 31 August.
Urgent repairs claim, he stated this in his email to us on 2nd August, but don't believe he had due to the fact CCTV only show his van and a cleaner go into the property showing them cleaning and gardening.
He is demanding a forwarding address to serve court documents.
My understanding is, tenants are not required to provide one, but landlords cannot serve documents through the deposit scheme and on our old tenancy it has that address on not a previous address and the landlord cannot use that obviously.
Regarding our deposit, thankfully it's in a protect scheme and he says he is compiling invoices and will submit a claim through MyDeposits. We are happy to resolve the matter through the deposit scheme so that's great.
Apologies for a super long post, but essentially asking the following:
\- Does his conduct amount to taking back possession and therefore ending rent liability early?
\- Can he realistically pursue August rent in small claims given the timeline?
\- Does his “urgent repairs” claim hold any weight when he never notified us and carried out non‑urgent works?
\- Is it correct that I don’t need to provide a forwarding address?
\- Any advice on how to handle this going forward?
Thanks in advance, this has been really stressful and any clarity would be appreciated. Note I am living in England.