Overpaid rent - will I ever see it again?

[DrGUID]

Hi all,

I signed a 6 month tenancy agreement on the 22nd July 2005 which I renewed successively until I terminated the agreement by giving two month's notice back on the 7th April 2007.

I'm battling to get my deposit back (that's another story! ) but I've worked out that 2 month's notice from 7th April obviously takes me to the 7th June, but I have actually paid rent via standing order for the whole of June. Does this mean that I can reclaim the overpaid rent from the letting agency? They did after all charge me for the 10 days of the part month in July 2005, so it seems only fair I can reciprocate.

Many thanks!

[rosysparkle]

When did you actually leave the property? From what you have posted your tenancy expired on 21st June, and it appears you paid a part month at the beginning of the tenancy so that you could pay your rent around the beginning of the month.

Two months notice from 7 April takes you to 6 June, not 7 June, but your notice would have started on 22 April if you served it on 7 April, and would have expired on 21 June.

ETA Assuming you were not on a fixed term that expired on 21 July.

Were you in a fixed term or on a periodic tenancy?

[DrGUID]

Hi,

Here's some more details...

The letting agency extended the tenancy agreement dated 22 July 2005 and due to expire 19 January 2007 by a memorandum of agreement for a further 6 months to 19 July 2007. During this extension the agreement could be terminated by either party with 2 month's notice.

I handed in my 2 month's notice on the 8 April 2007, and the letting agency wrote back saying my last day would be the 7 June 2007. As I moved away from the area I posted my keys back to them on the 14 May 2007.

[rosysparkle]

Good lord! I don't have a great deal of confidence in your letting agency after they got all those dates wrong, but that's by the by.

If you have paid for the whole of June, you are entitled to a refund of the rent from the day after you officially ended your agreement (ie 8th June).

[DrGUID]

Sounds good!

My agency's knowledge of letting law seems to be along the line of "we are always right".

They're also trying to hit me with a cleaning bill for the bits I missed, but for all their huffing and puffing about it I've not seen any invoices to date, so I assume they won't have much of a leg to stand on when I send the landlord the official deposit return letter. I don't think he can claim he was unable to sell the property because I didn't clean behind the fridge :o .

P.S. My local library has some excellent books on tenancy issues, its worth checking the library if you have any problems like I've had.