Landlord issue

[huneybunny]

I signed a contract to rent a flat until 31/12/2007. On the 25/11/07 I have given my landlord 1 month notice (as require in the contract) in writing that I will move out by the end of contract and also detailed I can move out earlier than the final date providing that I still pay the rent in full until 31/12. After that, the landlord and I have agreed on the phone I would move out on the 15/12 and she came in to inspect the flat on the same day (15/12). She was happy with the condition of the flat and gave me a cheque of £600 to refund my deposit. There were 2 witnesses which were my boyfriend and her boyfriend when she gave me the cheque. However, on the 21/12, she called me and ask me to pay her back £150 to cover the cleaning and to repair the damage of the flat as she said I am still legally responsible for the flat until 31/12. I am sure I don't have to pay that £150 because that was not my fault but I would need your advise. I would also like to ask if the contract has already ended on the 15th when she gave me the cheque back? Many thanks

[Planner]

My take on it would be that you are still legally responsible for the flat until 31/12/2007 and you should go and resolve the issues yourself i.e. clean it and fix the damage (if you caused it).

If youve already handed the keys over then I would ask for it back so that you can get it sorted.

[huneybunny]

Thanks for answering my question. But the issue was the flat was nice and clean on the 15th when the landlord came to inspect it. I have cleaned the whole flat properly. There was a small mark on the wall as I used sticky tape to stick my pictures, when I unsticked it to move, it left a small mark left, very small and almost invisible if you don't look at it from a 5cm distance. And I have told the landlord about that on that day (15th), she told me don't worry, it's not a problem. That's why she gave me a full refund on my deposit. But now she turned around and said because of that mark, she has to repaint to whole wall again which I found ridiculous.

[Planner]

Did you take pictures on the 15th before you left? - If not go back in and take them now so you can prove that there isnt an issue.

Alternativley go in and paint the wall your self, quicker and cheaper!

[Ed999]

In my opinion, if you handed back the keys on the 15th then the tenancy came to an end on December 15th, by an agreed surrender. In that case, it would be trespass for you to re-enter the premises.

You should bank the cheque, which represents an agreed sum that the landlord has paid you as part and parcel of the agreement to surrender, and walk away.

If the landlord stops the cheque, you can sue on the dishonoured cheque, which constitutes an admission of liability to pay, on the part of the landlord.

Don't agree to reopen all the issues which were settled by agreement on the 15th of December, because that opens up a can of worms. The prudent course is probably to make a stand on the basis of the agreement reached that day, as evidenced by the cheque.

You did not conceal anything: the landlord was aware of the dirty mark on the wall at the time the agreement was made, so you have done nothing wrong. Just bank the cheque, as agreed, and walk away.


Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

[Joa]

IMHO, what was agreed during your "exit" meeting with the l/lady on 15th stands. She cannot change her mind and demand money after you have left. How are you supposed to know what happened in this property after you have left? You've had your l/lady's agreement to leave, so you've left and surrendered the tenancy. It is no more your responsibility. Explain this to the l/lady and bank the cheque.

[huneybunny]

Many thanks for your time to answer my question. I have done the same, in fact, the dispute happened after I banked the cheque, that landlady called me to ask for money back. I have refused to give her the cheque back with the above reasons, however, to solve the proplem privately, I said I agree to pay a reasonable amount for her to retouch the wall (due to the sticky tape) and now she said she will bring me to court....