Landlord agreed I can leave via text, is this enough

Heya,

I have finally been able to get out of my house share STA which didnt have a break clause. The landlord eventually let me leave once I found a replacement.
He couldn’t make the swap over day, so ask me and the new tenant to take pictures of the keys and the empty room.
It was just over whatsapp and said “the swap can go ahead”.

I haven’t received the follow up paperwork confirming my end of tenancy, just emails stating this would be my last day.

I am now out the property and keys given to new person as asked by landlord via whatsapp.

Is this therefore enough?! (whatsapp message instead of a mutual surrender I think it is called).

I still need to get my deposit back but that is another story…

Save all the messages related to this. Although your tenancy was not properly ended, the landlord would likely be prevented from ever claiming the tenancy continues and a court would probably regard this as an implied surrender.

Hi David,

Thanks for replying!

Yes I have the email trails discussing the new person replacing me, and the WhatsApp group of the landlord, new student replacement and me, with the landlord saying they will show up at x time, and then saying he(landlord) cannot make it, so we can swap over without the landlord there.
Instructions to take pictures of everything empty, and meter readings.

I googled implied surrender (I don’t have your knowledge). The new person has moved into my room now, and I no longer have access to the student house share. So surely the actions are that of a surrender?

The new person also signed the new tenancy agreement, and paid (bank transfer to landlord) a deposit and one month advance rent on the day.

I have followed up with the landlord by email to confirm I am out, as they agreed that, and asking for my deposit back. They have not replied.

Thanks again

I’m not sure whether the court would consider this an express rather than implied surrender. An express surrender usually has to be signed as a deed with a witness. However, I don’t think it makes any difference in this case. The landlord would also likely be prevented from taking any further action under the principle of promissory estoppel.

Keep pushing for the return of your deposit and if he doesn’t reply within 10 days, contact the deposit scheme.

You might find this useful. I hope your deposit is with one of the approved schemes. It’ll make your life a lot easier if the LL doesn’t act fairly and swiftly to return your deposit.

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Thanks Nilesh, it is useful and it does feel like a very strong implied mutual consent of surrender.
The actions would be hard to justify anything but the agreement of me leaving.
Along with the group text asking us to swap that is expressed in some form?!
I’ve checked and my deposit is not protected- I haven’t mentioned I know this yet.
Waiting a few days to see if my money returns, or I’ll just send template letter to send to court.

If your deposit isn’t protected in a regulated scheme then kick the LL where it hurts most - in the wallet. You’ll have to complete a Money Claim Online and pay fees but can claim all that back from LL and the potential for x3 fine on the deposit which you also get. Make sure you have a confirmed address for the LL.

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