Okay...

Basically, the situation is a little bit more complicated than all of this....

LL exact words were that I could have to the 13th to clear my stuff out and clean up etc.

Bedlington, the email details are in first post.

Additionally to everything, I was actually employed by the landlord, and was made redundant last month (my notice period ended this week).

a new manager started at the property the week before i returned my keys (the manager that gave me until the 13th) when i returned my keys I tried to negotiate check-out charges etc, but he was way to stubborn which led to this thread: http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/209341-letter-landlord-advice-please.html

Before I sent that email i got the email saying I'd be charged for the extra two weeks.

basically, new boss in town, throwing his weight around and trying to screw as much money as possible out of me.

I've considered claiming for discrimination at work, as other employee's have / are staying for free in the building!

Thanks for the replies!

I'm a little confused as to why they included a copy of the section 21 notice in the email they sent me after I had left?

Hi Planner, thanks for getting back to me.

1) True!

2) There is no mention of summer rent in the AST, the rent they are charging for summer is increased from the rent on the AST (previous rent £75.60 p.w Summer £92 p.w)

3) Okay.

4) The only things I can find in the contract regarding the length of the contract are:

- Deliver the room, the contents and the key to the room/flat to the landlord at the end of the tenancy period in the same condition as recorded in the inventory and, by no later than the Tenancy End Date.

- and the tenancy end date of 26th June 2009

There is no mention of rolling contracts, changes to rent costs. etc.

5) The LL said on the phone that I had to return the keys on the 13th of July, (i accepted this as I didn't know at the time that Statutory Periodic Tenancys existed, and didn't think I was getting charged for the period - it was only when I received an email from LL yesterday that I found out i was stupid!)

6) The section 21 notice is signed by LL and dated October 2008.

it says:

LL Gives you notice that possession is required

by virtue of section 21(1) (b) Housing Act 1988) by [me] [us] [your landlord(s)] of the premises

(((address)))

which you hold as tenant(s)

*[on the] 26 June 2009

Dated 15th October 2008

Signed

and I have written my name and dated the bottom under 'tentants name' / 'date'

Sorry, I forgot to mention, that the section 21 notice was given to me in October, stating the end date of 26th of June.

as the Statutory Periodic Tenancy only comes into effect if neither the tenant or the landlord does anything would the section 21 mean that the Statutory Periodic Tenancy wouldn't count?

additionally, the section 21 notice, was issued under the name of the previous landlord, not the landlord that owned the building at the time the section 21 notice was issued!?

Please help me this is ever so confusing!!

Okay, I've done a bit of digging, and drafted this response, again advice is appreciate...

In response to your email I just wanted some clarification on a few points.

 

Firstly I spoke to ********* over the telephone, when he called me to question the condition of my room and the communal areas, during this conversation he informed me that he would give me until Monday 13th of July to return my keys, no fee's were discussed during this conversation, and as such I can only assume that this was a gesture of good will and that no charges would apply.

 

Secondly, as no new contract was created or signed, I can only assume that the charges you refer to must have occurred after the original AST converted into a Statutory Periodic Tenancy. As you should be aware, this type of tenancy is covered under the same conditions as the AST that proceeded it. Therefore, I would ask why my room / communal area's were inspected without the 24 hours notice required by the AST. I would also like to know your justification of only giving verbal notice of less than a week to return my keys when I believe there should be a two month notice period.

 

Additionally I would like to know how you can justify charging me a different rental rate under the Statutory Periodic Tenancy?

 

I appreciate your help in resolving these issues.

 

Kind Regards

Hello.

My AST ended on the 26th June, my landlord said that he was in no rush for the keys and gave me until Monday 13th July to return them.

Today I received an email, stating that I would be charged for the extra time I had the keys:

Please find attached a copy of your account statement.

As per the account, accommodation fees have been added for your occupation of the Flat from the 27th June 2009 to 13th July 2009 at the advised weekly summer rent rate of £92.00 per week.

 

These dates are from the end of your tenancy of the 26th June to the date of your booked check out where the dilapidations were inspected and you provided us with your keys.

As the period was additional to your initial term, a rolling tenancy applies, and charges have been added accordingly.

I was wondering where I stand with this?

-They have no proof of when I returned the keys as I didn't sign anything or fill out any forms, and they can not prove I accessed the property after the 26th (they have CCTV on the entrance, but I have several friends in the building).

-They are stating that my tenancy suddenly changed into a rolling one, yet they are charging me a different weekly rate.

-I would have returned my keys on the 26th, had i not been invited to keep them until the 13th of july (giving me more time to clean up etc. after I'd moved my belongings to my new place).

additionally, would I be able to claim I was squatting for that period??

Any help as always is appreciated.

Hi.

I have just drafted a letter to my landlord with regards to him returning my deposit. I visited him today to negotiate charges, but during the negotiation he threatened to ban me from the building (I have many friends in the building and am in fact visiting someone for dinner tonight!)

He also demanded that I provide him with a copy of my check-in inventory which I completed myself at the start of the original tenancy (1yr AST then lisence then 1yr AST).

I have drafted this letter in response to him and was hoping that you could look over it for me and give me some feedback before I send it.

Thanks in advance...

I write to you with regards to our conversation held today Tuesday, July 14, 2009 regarding possible charges to my deposit relating to the property which I have occupied since June 2007.

 

I am aware of the importance of landlords holding a deposit to protect them from any financial loss they may incur from letting their property out, however I object to all charges we discussed today on the following basis.

 

-Check In Inventory.

oI have a copy of a check in inventory, which I completed in 2007 with regards to an Assured Shorthold Tenancy (AST) I had with Unite Group Ltd, who owned the building at the time. That contract ended in June 2008, and I had a license to occupy between then and the start of my current AST which began in August 2008. Therefore:

oAs far as I am aware the AST to which this deposit relates is separate to the previous AST.

oThe landlord (or its agents) failed to complete an inventory of the property at the start of the AST in August 2008, and as such there was no agreement on the condition of the property between myself and the landlord.

oWhen considering deposit deductions, the onus is on the landlord to prove that they have, or will, loose out financially when returning the property to the condition it was in at the start of the AST.

oAs there was no agreement between myself or the landlord as to the condition of the property at the start of the AST, I fail to see how the landlord can prove that any damage etc.

 

-Check Out Inventory

oThe person that conducted the check-out inventory is an employee of the landlord and as such, I would question the independence of the inventory.

oThis person has only been an employee of the landlord for less than a month, and I assume that she is inexperienced in conducting inventories and determining the difference between damage and fair ware and tare.

 

-Communal Area’s

oI would like to point out that other occupants of the flat were not charged for any cleaning / damage to communal areas when they left (on or before the 26th June)

oIt is illogical to lay the burden of cleanliness / damage on one tenant, and is incompatible with the tenancy agreement, which states all tenants are equally liable for these areas.

 

 

 

During our conversation today, I was willing to negotiate on certain points raised in my check-out inventory - and did agree to paying an element of some charges as a gesture of goodwill. I would also like to highlight that out of 5 tenants that shared the flat I was the only tenant that made an effort to clean the communal areas. I believe that I have acted fairly at all times. I withdraw my offer to pay certain charges as a gesture of goodwill on the basis that during our conversation you made a threat to me when you said that without a resolution you would ban me from the building.

 

This threat was made knowing that I have friends who live within other parts of the building and such a ban would prohibit me from visiting them. I consider this to be an act of blackmail, in reference to section 21(1) of the Theft Act 1968.

 

In light of the unprofessional behaviour I have encountered when trying to negotiate deposit charges with you, I can confirm that I am unwilling to accept any charges made against my deposit and request that it is returned to me in full within the timeline set out under the Tenancy Deposit Protection Scheme.

it is 100% an AST with Liberty Living (the landlord)

My issue is the fact that our kitchen area was shared between 5 tenants, I was the only tenant to make an effort to ensure it was clean before I left and as far as I'm aware at least 3 of the other tenants did not receive any charges for the communal area's.

Hello.

I am a student and have just moved out of a privately owned halls of residence.

It states in the AST that I have joint liability with other tenants for the kitchen and other shared area's despite the fact that the AST covers a single room only.

I was curious as to the legality of this as it seems illogical that if a bar stool for example is broken that a group of people are held responsible when it was clearly the act of one person.

If communal charges are legit then it seems that I can be held accountable for the cleanliness damage caused by other people - which does seem wrong.

Any advice you can share would be great.

Regards