Rent refund + other letting agent probems

[haddon77]

Hi All

 

I have been trying without success to get a rent refund from my letting agent and was hoping for some help. The main questions I have are do I have a case? and to whom do I address the matter - the agent or the landlord? ( I only have the name of the landlord and a C/O address at the letting agent for them)

 

I took a property on a 6 month AST paying rent on a monthly basis in advance.

 

About 2 months prior to the end of the agreement I advised the agent I would like to move out early. They advised me they would begin readvertising and that I would be liable for the rent up until the point the property was re-let.

 

Not much happened on the re-letting front and in the meantime I had moved most of my belongings out to a new place leaving just a bed made up as I was still staying there occasionally. I had advised them of this and that I was happy for them do any viewings necesary.

 

Anyway about 3 weeks before the end of my AST I went on holiday for a week. Whilst away I received a voicemail from the agent thanking me for leaving the property in such a good state and advising that my deposit was being reurned as new tenants had been moved in. They never actually discussed moving in new tenants with me, just did it whist I was away.

 

Upon my return I went into the letting agent and expressed some frustration at how things had been handled and returned my keys. I discussed the refund of rent that had been paid up until the end of the month. They took my bank details and advised they would get it sent back to me. (didnt get anything in writing, and yes with hindsight I should have)

 

After numerous phone calls over the following 2 months chasing the refund they then came back advising that I had paid rent until the end of my contract and was not entitled to a refund after all. I have argued that a new tenancy agreement being in place must mean a termination of my contract but received no response to this.

 

Now, what is my position?

 

Should I be entitled to a refund? (why would allow them to move new tennants in early if not?)

Are they in breach of any other rules re moving in tenants without getting my permission?

I have lost a set of bedding as I have no idea what happened to the one that was still in the property when it was re-let. - Not a huge problem but pretty annoying. I did receive my deposit back.

 

The agent is not affiliated with any ombudsman so it would it seem my next course of action would be to take them to the small claims court?

 

Apologies for the length of the post I have tried my best not to rant. Any guidance on where I stand re any of the points would be appreciated.

 

Thanks

[Ed999]

The following advice is applicable to you only if the rented premises are entirely within England and Wales, and only if you were granted a shorthold tenancy (under which you [and your spouse/partner/children if any] had exclusive use of at least a bedroom, a kitchen and a bathroom, none of which were shared with another tenant nor with the landlord) and were over 18 years of age when the tenancy was granted.

 

 

Please read this FAQ -

 

Tenant leaves early: whether landlord has a duty to mitigate his losses

 

 

Where the landlord does re-let, that indicates a choice on his part to mitigate his losses; and in ordinary circumstances your liability to pay rent ends on the date the new tenant moves in.

 

You should therefore be able to sue for a refund of rent paid in advance, in respect of any rent paid for the period commencing with that date, and for the return of any rent deposit held by the landlord or the letting agents. But do expect the landlord to make a counterclaim for the costs of redecoration - whether or not you believe that to be justified - as they generally do so.

 

Please read this FAQ for details of Unfair deposit deductions.

Edited April 11, 2011 by Ed999