Rolling Tenancy - Help Requested!!

[maximochild]

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.

Attached to this email was a section 21 notice requesting the property was vacated on the 26th June.

 

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.

[maximochild]

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

[maximochild]

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!!

[Planner]

I would suggest you are not in a strong position as you have no 'proof' of your discussions. So to answer your questions/ask for more information;

 

1) They dont have proof of when you returned the keys - you also dont have proof of when they returned the keys.

 

2) Does your tenancy agrrment have a clause stating this summer rate they are suggesting you pay? Is this weekly summer rate more/less than what you would normally pay?

 

3) You where not squatting.

 

4) You 'assumed' it was a gesture of good will. What does your contract say?

 

5) Only one weeks notice - who said you had to move out - You or the LL?

 

6) When was the s.21 notice served?

[maximochild]

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'

Edited July 16, 2009 by maximochild

[Planner]

Okay then,

 

2) then all that you are obliged to pay would be the £75.60.

 

4) the contract doesnt technically need to say what will happen after the fixed term ends. If you dont give correct notice (ironically for your protection), it will roll over onto a periodic agreement automatically.

 

Looks like your stuck paying. Can I suggest you contact the agents/LL and ask where the £92 pw has come from.

[bedlington83]

[DevilsAdvocate]I agree that it's rolled over into a periodic tenancy - that happened when the landlord withdrew his s21 notice by saying the OP could stay. That being said the requirement is for the OP to give one month's written notice. As they didn't surely the landlord can demand a full months rent (at the lower rate of £75.60 pw)[/DevilsAdvocate]

[maximochild]

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?

[bedlington83]

No idea, but its possible that he might be going to argue that the tenancy was terminated on 26th June and that you stayed beyond that without permission. You just happened to move out before he could get a court order.

 

I've no idea how valid an argument that might be but it could explain the inclusion of the s21. What's the exact text of the e-mail (with personal info removed)?

 

Another thought - were his exact words that there was no rush for the keys? If so it could be that he meant he had a spare set not that you could continue to use the property

[Planner]

Ignore the s.21 its a non-issue, it means nothing in your situation and doesnt effect the arising of a periodic tenancy.

[maximochild]

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!