Help needed urgently - re: leaving rented property

[monkey_uk]

Right, I have a problem, or rather my other half does...

 

She currently rents a flat, which was covered by a 12-month tenancy agreement. She took up the property on 28th August 2004, and paid a £250.00 bond as well as her first month's rent.

 

The original payment date was therefore the 28th of each month. She is adamant that she changed this payment date, with their agreement to the 5th of the month quite early on in the agreement, and paid one particular month, a slightly higher amount to cover the month's rent and the difference between the old and new payment dates. She has since continued to pay her rent on or before the 5th of each month.

 

We have now bought a house, and so, with October's rent cheque, she sent a letter giving them one month's notice of her intention to quite the property. The agreement states that she must give one month's notice, to end on a rent payment date.

 

The letting agents wrote back to her confirming their acceptence of her notice, but stated that the last date of her tenancy would be 27th November 2006. They still think her rent payment date is the 28th of each month.

 

They state that they have never agreed to a change in the rent period and that they have simply never queried the rent being paid late [as they think it is due on the 28th of each month, not the 5th] as they can see that she pays it regularly.

 

We have wrote to the letting agents spelling out, in no uncertain terms that she will not be paying any further rent and that she will be leaving the property on the 3rd November (we are away for the weekend on the 4th).

 

I beleive they have just called her and again stated that they will not budge and that they have never agreed to a change in the payment date.

 

Hopefully my other half is correct in thinking that she paid a higher amount one particular month to cover the rent and the period between the old and new payment dates, and we are currently seeking proof in the form of a bank statement. If we can prove this, what should we do next? Obviously, if we can't prove this then she is, I guess, up sh** creek without a paddle and will have to pay a further months rent, which we simply cannot afford to do along with paying a mortgage.

 

We are both concerned that if we simply leave it as it is, they will just keep her £250.00 bond, which, whilst slightly cheaper than a month's rent, is still a lot of money to us, for us to just lose.

 

Can anyone help, please?!

[alanfromderby]

If you have proof of the increased payment maed during the change of date, then I would have thought a threat of court action should be enough to focus their attention.

[monkey_uk]

Thanks for replying so quickly Al.

 

Would we threaten court action, or jusdt leave it, and then when they either:

 

a) Sue her, we counterclaim

or

b) keep the deposit, we sue them for the deposit

 

 

What do you think?

[barracad]

It's difficult to say which option to take until you know if you have proof of the increased payment.

 

Who calculated the higher payment which was due to be made - your partner or the lettings agent? Was this confirmed in writing? (either the amount to be paid, or confirmation that the change had been made)?

 

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[monkey_uk]

@barracad - nothing was confirmed in writing, not sure who calculated the amount.

[barracad]

Is the rent paid to the agent or the landlord?

 

Is it paid by Standing Order?

 

Either way it's going to be a bit tricky unless you can find proof of the overpayment. In the meantime, speak to the missus and find out who calculated the amount as that could make a difference too.

 

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[xiona]

I recall alymac had a similar situation and got a refund. Worth taking a look at his thread.

[breadline]

Hi Monkey

If i was in your position where money was needed for the new mortgage and i knew i could get evidence to back my position.

I certainly wouldn't let them have money i needed, i would let them hold the lower amount of cash whilst chasing for it to be returned.

[monkey_uk]

@xiona - thanks, will do.

 

@barracad - ok, I'll try and find out!

[blacksheep1979]

I'd get hold of your old bank statements, find the date when it changed from the 28th to the 5th and check that there was an increase in the rent. Once presented with proof of the change of date and the irregular (over) payment they should accept you are right.

[Nightmare4banks]

monkey_uk,

 

In reply to your post:

 

1.As other posters have stated she needs to dig out her old statements to confirm the change of date etc.

2.Also,I would not advise that she pays a further month in rent because she has already given a notice to vacate.

3.Regarding the property, your partner should make sure it is left as it was in the offset of the tenancy.Also,she should take some photos should she need to take the landlord to court regarding the deposit at a later date.Best form of ammunition to win a case!

 

Anyway,I hope you this information useful.

 

If you have any more questions,just ask.

 

Keep us posted.

 

All the best!

[monkey_uk]

Cheers all for your replies. The very first month she paid an amount, which at the time was a month and a week [or so]'s rent. No way would she have just done this off her own back.

 

She also still has her old cheque book (I'm bloody proud of her about that tbh cos she usually just shreds stuff like that and throws them away!) and the cheque stub states who the cheque was made payable to, and so the cheque number tallies up with the cheque number on the online bank statement.

 

The letting agents have spoken with her today and basically made out that they were doing her a favour by allowing her to pay late!

 

So, what next?

 

I mean, she REALLY doesn't want to lose out on her £250.00 bond, although this is, albeit slightly, cheaper than paying an extra month's rent.

 

I've told her to arrange the final meter readings etc to take place on the 3rd November, and also to hand the keys over on that date, as we originally requested (I will get a signed receipt for the keys) and then they can take it from there.

 

Do you think that a "letter before action" sort of letter (although we can't take any action as yet) is in order? Enclosing a print-out the bank statement and a copy of the cheque stub, basically saying "here's the proof now sod off, I'm not paying you anymore money. My bond is due to be returned, as per our original agreement, within "a reasonable period", I deem this period to be 28 days from the 4th November, hence XX December 2006. If I am not in receipt of my £250.00, in cleared funds by this date I will commence court action without further notice. You are also reminded, that where any repairs/cleaning is required, which you intend to deduct from my bond, receipts are required to be available to me, at my request."

 

What do you reckon to that? Obviously we'll jazz it up a bit.

 

I'm thinking that the best option is to do the above, i.e. arrange for the LA to visit on the 3rd November, give them the keys etc and then leave the ball in their court regarding the bond. What if they won't come out on the 3rd, as i expect they won't...? What do we do then?

 

ARGH! I'm sooo annoyed with them, and the LL for renegeing on his word to my other half.

[alanfromderby]

In many respects it would be rather silly for them not to come out on that day, as otherwise the property would stand empty, and that often makes it a target for squatters, vandals etc.

 

Certainly, if they are being difficult, it would be worth getting your side of the argument in writing. Hopefully they will then either back down, or come back to you in writing with their position - something that will help you if the matter does escalate into court.

[rbrears]

First off - read the tenancy agreement.

 

Does it say:

 

a) one month's notice

 

or

 

b) one month's notice to expire at the end of a rental period.

 

If its a) then you are fine - the one month's notice does not need to expire on the last day of a rental periodd (i.e. 27/11/06), but one month from the day it is given, regardless of which day that might be.

 

If its b) then all of the above posts apply.

[barracad]

You are also reminded, that where any repairs/cleaning is required, which you intend to deduct from my bond, receipts are required to be available to me, at my request."

 

Personally I would leave this part out - it almost sounds like you're suggesting they should take deductions from the deposit. I assume the property is being left in the condition it was when the tenancy began? In which case no deductions should be made anyway so there is no need for you to include this.

 

Incidentally, if she hasn't already done so, now would be a good time to dig out the original inventory and double check everything is in place exactly as it states on there just to ensure there is no comeback.

 

 

What if they won't come out on the 3rd, as i expect they won't...? What do we do then?

 

Take the keys to the letting agent. I assume the lettings agent has an office somewhere?

 

 

 

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[monkey_uk]

In many respects it would be rather silly for them not to come out on that day, as otherwise the property would stand empty, and that often makes it a target for squatters, vandals etc.

 

Well, there is one issue - there is something in the original agreement about having to let them know if she is going to be leaving the property empty for more than 2 weeks and having to let them know. I can't recall the exact wording.

 

 

First off - read the tenancy agreement.

 

Does it say:

 

a) one month's notice

 

or

 

b) one month's notice to expire at the end of a rental period.

 

If its a) then you are fine - the one month's notice does not need to expire on the last day of a rental periodd (i.e. 27/11/06), but one month from the day it is given, regardless of which day that might be.

 

If its b) then all of the above posts apply.

 

It is option B. I don't want to phone a friend of take 50/50. My final answer is B.

 

Personally I would leave this part out - it almost sounds like you're suggesting they should take deductions from the deposit. I assume the property is being left in the condition it was when the tenancy began? In which case no deductions should be made anyway so there is no need for you to include this.

 

Incidentally, if she hasn't already done so, now would be a good time to dig out the original inventory and double check everything is in place exactly as it states on there just to ensure there is no comeback.

 

Ok, will do. Yes, other than "wear and tear" the property should be in the same state it was when she moved in. We will take digi pics to prove this.

 

Take the keys to the letting agent. I assume the lettings agent has an office somewhere?

 

yes, good thinking batman.

 

Going to draft them a letter in the next few days reiterating her position.

[breadline]

Is there a way to find out who owns the property and go over the numptys and go to the Organ grinder.

 

( didnt want to say monkey )

[monkey_uk]

We know who owns the property, but he doesn't seem to give a toss, he just leaves it all upto the letting agents.

 

He seems really two-faced, I mean, he told my OH that he was ok with her original proposal, but then the letting agents say they spoke to him and that he won't allow it. I know it may be the LA playing up, but he really isn't very approachable at all.