Lettings agency mistake end up costing e money

[NicciSixx]

I've made this little pastebin entry with the email corespondance

 

 

1. Hi Adam,
   
2. 
   
3. Nicola here, I was wondering If you could comfirm the moving out day for us? Also what is the handover proceedure and how quickly can we expect to recieve our deposit?
   
4. 
   
5. Kind Regards,
   
6. 
   
7. Nicola.
   
8. 
   
9. Hi Nicola, hope your well.
   
10. 
    
11. The move out date is Wednesday 27th July, we will be in contact nearer the time to confirm a convenient time to do the checkout.
    
12. 
    
13. Please ensure the property is clean and tidy and you have got the meter readings to close your accounts. The deposit is returned to you within 10 days of receiving the keys back if there are no issues.
    
14. 
    
15. Kind regards
    
16. 
    
17. Adam
    
18. 
    
19. Hi Nicola
    
20. 
    
21. Adam is currently on annual leave, and I believe you should be moving out of the property on Thursday 21st July as this is the last day of your tenancy.
    
22. 
    
23. However, the attached email appears to contradict this - have you arranged something with Adam? If so, could you please confirm how you are paying the extra £128.22.
    
24. 
    
25. Kind Regards
    
26. 
    
27. Karen
    
28. 
    
29. Hi Karen
    
30. 
    
31. I can confirm we are not paying the extra, We did not arrange something different with Adam. I asked Adam what day we needed to be out by to confirm details and arrange movers. Adam told me 27th of July.
    
32. 
    
33. Kind Regards,
    
34. 
    
35. Nicola.
    
36. 
    
37. Hi Nicola
    
38. 
    
39. I am afraid that what Adam may told you has no bearing on when you actually have to move out - your signed AST is a legal document and therefore this overrides what may have been said in error.
    
40. 
    
41. Should you not pay the difference it will be classed as a non-payment of rent, will be taken from your deposit and it will be reflected in any reference requests we may have to complete.
    
42. 
    
43. Please confirm if you wish to stay until the 27th, and if so would you like your checkout to be done at c11am or c4pm.
    
44. 
    
45. Kind Regards
    
46. 
    
47. Karen
    
48. 
    
49. Hi Karen,
    
50. 
    
51. Whilst I recogniise that the ast is a legal document, Adam is acting as the representative of your organisation and we are acting on his say so (documented in the email as you saw). I understand your need to rectify his mistake however changing the arranged date to less than 72 hours from now is obviously unacceptable. I do not accept that you will remove additional monies from my deposit. Had you attempted to resolve the issue with reasonable due notice I am sure we could have reached a suitable arrangement. However in this case its now too late.
    
52. 
    
53. Kind Regards,
    
54. 
    
55. Nicola
    

 

 

 

basically up until midnight last night, we thought we where moving out on the 27th of July. Then they tell us we have to move out on the 21st of July or pay the weeks extra rent. Surely they should have to pay the rent since it was there cock-up. Can I do anything or have they got me over a barrrel?

 

Sorry for giant paste, was in a pastebin link, but not allowed. If anyone has any ideas I would really love some help.

 

Angry and confused consumer.

[Steve__M]

I'm inclined to think that assuming that it was an obvious error that you'll have to pay the rent.

 

Both sides have an obligation to know what is due according to the tenancy.

 

If you'd overpaid on the rent because you made a mistake, would you expect the agent or landlord to refund you?

[NicciSixx]

This isn't the landlord though, I believe the landlord should be paid, by the letting agency.

 

I also forgot to mention that the email that states the 27th of July is the only written confirmation I've recieved that the letting group want to regain the property.

[MrShed]

Rent is due in any event. You are obligated to pay the rent due until you vacate the property. The arranged leaving date does not change that.

[MrShed]

UNLESS of course the representative EXPLICITLY agreed with you that that is the moving date AND no further rent is due. I suspect that the agreement was simply on moving date.

[NicciSixx]

So I have to take it laying down. Bloody crooks. It makes me despair.

[MrShed]

Explain taking it lying down? You are staying after the end of your tenancy, why would you expect to stay for a time rent free??? with the greatest of respect, it is you who has got it wrong here not the landlord.

[NicciSixx]

The letting organisation misinformed me about our leaving date, as explicitly asked. If I would have known we should have been out by the 21st I would have done so obligingly. Emailing me two days before (when I have booked removal vans and set time aside to clean, and take the day off work to hand over keys) and telling me I have to leave a week eariler than stated or pay an extra 128 pounds is not giving me much to work with.

 

I have no issue with the landlord, it's the letting agents who have behaved irresponsibly by A) not proving two months notice in writting and B) giving me the incorrect leaving date. And finally C) contacting me 72 hours before I have to be out to tell me so, without as much as an apology for there error.

[MrShed]

I would like to at this stage get back in my box and apologise. I have misunderstood the situation a bit, and I do now agree that this is an error on the part of the LA. I dont feel that the legal position neccessarily changes, but you do have my sympathy now as I have opened my blinded eyes and seen the light.

[NicciSixx]

I mean there is an argument that I should have seen the date on the letting AST and known that I had to be out by then. But this is only the third place I've rented. The first two via by landlord, the first being a sub let and extremely friendly terms and the second being a more official landlord, but still a good guy, lots of open communication and a gentlemans (womans) agreement, he told me when to leave, I gave his house back the way I found it, and he gave me my deposit. All very straight forward. I've spent the day reading up about letting laws to try to get to grips with where I stand.

 

I think you're right from a legal stand, I can't do anything. But I feel so angry and impotent.

[mariner51]

nicci, I assume 21 July is end of fixed term for AST and you are moving out voluntarily?

Please confirm date AST commenced, length of fixed term, whether rent paid weekly or monthly and amount due, as stated in AST.

 

You are obviously geared up to move on 27th (vans etc) and LA are prepared to let you stay to 27th for £128.22, thus saving you a lorra hassle and allow you to stick to your cleaning regime etc. Quite generous given the potential legal problems arising.

Attend the checkout inspection, take photos of any disputed damage, ensure you are given copies of move-in & move-out inspections. Thus you will minimise risk to your deposit. Try to negotiate with owner/manager directly for discount on extra rent due to his staff's (Adam) misleading statement, Offer a £100 as full & final settlement. (LA acts directly as agent for LL).

At end of day you are resp for rent for duration you stay in occup & knowing terms of your AST.

LA have offered you a rel cheap lifeline - use it. Keep hold of all emails/corr to date and beyond.

[Ed999]

Regardless of what date the fixed term - if there is one - ends on, the tenant knows how much per week the rent is and knows when the tenancy began. Therefore the tenant was well able to work out how much rent is due up to and including July 27th.

 

The letting agent, Adam, did not mislead her as to the amount of rent due, as he did not mention an amount at all. He merely asked her to leave on the 27th.

 

They did not discuss money, so she could not have been misled by anything he said.