How will the court judge - private renting

[Bbrc]

I overstayed a s21 notice

[Bbrc]

Sorry for my uncompleted post above, I might have clicked the wrong button and posted accidentally.

(cont’)
I overstayed a s21 notice and left before submitting the defence form, after my purchase of a house fell through.

Before I moved out, the landlord tried to make me leave by repeatedly threatening me that he would report to the Home Office if I didn’t leave “immediately”. I moved out in a few days after having an offer accepted on a rental property, and sent email to the landlord telling him that I’ve already moved out. The landlord, however, refused to accept the keys the day after I’ve moved out, and insisted that the keys can only be returned a few days later with the check out inventory date arranged by him. As I still had the keys with me, I think I might be liable for rent, so I returned the keys to the landlord’s address stated in the s21 claim form.

The landlord expressed immense dissatisfaction and said he would sue me for “the cost of retrieving the keys from the address in the s21 claim form, and the cost of breaking into the property I rented from him.” I think it’s not reasonable, but if he goes to the court and claim I’m liable for those costs, would I have to pay?

Thank you in advance for any advice.

[efpom]

The OP returned the keys, but late, indicating that he no longer occupied the dwelling, but also stated that he had not filed a defence, which seems to indicate that proceedings by the landlord for an Order of Possession had issued. As the OP had not filed a defence an Order of Possession would have issued and the landlord (probably) got his costs awarded for which the OP would be liable.

A s.21 notice is used to bring an assured shorthold tenancy to an orderly end. If no s.21 is served, the AST becomes a periodic tenancy.

If a tenant remains after the date on the s.21 notice expires a landlord would be entitled to a) the equivalent of rent for use of the dwelling from the former tenant for the period the former tenant remained in the dwelling after the above date, and b) his expenses associated with gaining entry to and taking possession of the dwelling, which can only legally be done via a bailiff armed with an Order of possession.

That landlord would be entitled to recover the above sums at a) and b) above via a deduction from any deposit or if the above sums are more than the deposit, he would be entitled to sue the former tenant for the difference. He would also be entitled to claim loss of rental income if he had arranged to let out the dwelling to a new tenant who was prevented from occupying because the former tenant remained in occupation - but not double counting- see a) above.

Further, in the event that the new tenant sued the landlord for breach of contract, the landlord would be entitled to have the former tenant joined with him as defendant to that suit.