Agency and Landlord Deny Receiving Notice...

mooks

Hi all - first post but I hope to contribute more in future.

I've recently moved out of a rented property, for which I invoked the break clause after 8 months as I had been made redundant and was also relocating. I contacted my landlord two months prior to my preferred leaving date to advise him of my intention of leaving the property, but asked him to advise me of the specific requirements in terms of notice, as I had never received a copy of the tenancy agreement.

He responded a month later asking that I write to the agency to formally serve notice, which I duly did. Over the coming weeks, the agency arranged to appraise the property, and arranged viewings (rather aggressively in fact) for potential tenants. During this time, I didn't receive formal moving out arrangements, however one of the agency's representatives did confirm my moving out date with me.

A week or so after moving out, I received an e-mail from their tenancy department saying that I hadn't provided them with evidence of my redundancy or need to relocate. I actually asked in my letter of notice for clarification of how I could do this, but didn't receive a response. In any case, I sent them my redundancy notice as well as proof of relocation. All ok I thought...

They then said that they hadn't received my notice letter, and that I was therefore liable for a further two months' rent. They say they won't accept that I served notice unless I can provide the proof of delivery for the notice letter, which was sent by recorded delivery. As I'm currently living with my parents before relocating overseas, all my possessions are in boxes in their garage or in storage, and I'd be looking for a single scrap of paper amongst all that.

Throughout all this, I've crossed all the Ts and dotted the Is, my landlord however didn't respond to e-mails or letters for months, never answered his phone, never returned voicemail messages and was generally totally hands off. Even now at this critical time, he doesn't respond to e-mails and won't answer his phone.

I personally think that they haven't been successful in finding a new tenant, and so are stringing me out so he doesn't lose out on rent, but that's by the by - the issue is that the agency is now refusing to return my deposit and they're actually saying that I'm liable for a further two months' rent - at London prices.

Both the agency and landlord were clearly aware that I was moving out, as they appraised and marketed the property - while on one of the rare occasions that I did get to speak to the landlord, we confirmed the moving date verbally, which had been also been mailed to the agency.

I've searched high and low for the proof of delivery, but it's like looking for a needle in a haystack. I'm starting to consider the implications of small claims action - on my side I have stacks of paperwork and evidence of my bending over backwards to provide the necessary information and notice, while on their side, they have a negligent and hands-off landlord, who's proved to be totally uncontactable - but I'd appreciate any advice you might be able to give. I understand it's a lot of information to take in, but I'd be more than happy to answer any questions or provide more information.

Thanks all for reading...

Mum_of_3_3

I would write to them explaining that as the letter was sent recorded delivery you have the receipt, but because all your stuff is in storage it may take a couple of days to find it. This may call their bluff.

As a back up do yo have an e-mail stating the date you will be moving out, this could be from them or from you. It won't stand up in a court, but could I guess be used as supporting evidence.

Someone who knows the ins & outs of the law will be along in a mo I'm sure.

Hope everything works out for you & good luck with the move.

mooks

Thanks for the quick reply - it's very much appreciated!

I've told them that I have the receipt, but they're adamant that I have to provide them with the proof. I know I checked the online tracking on the Royal Mail website and it showed that it had been signed for. I know assumptions are the kiss of death and everything, but when you see it's been signed for, you assume the wheels are in motion and you file the receipt away in a big box marked 'miscellaneous'. The trouble is, I have ten years' worth of boxes with 'miscellaneous' on them!

It just seems very convenient to me that at a stage when they appear to be having trouble re-letting the property, they're now claiming they never received notice. Last week they were just telling me I had to provide evidence of my redundancy - the notice wasn't even a consideration - and now this? Very convenient...

Thanks again - I'll look forward to the other replies. I don't mind a bit of tough love from people - I know I shouldn't have taken things for granted and should have followed up when I didn't get formal confirmation of my notice, but having been a homeowner for the past 5 years I forgot that you can never trust anyone where money's involved...

Eric1

mooks wrote: »

He responded a month later asking that I write to the agency to formally serve notice, which I duly did. Over the coming weeks, the agency arranged to appraise the property, and arranged viewings (rather aggressively in fact) for potential tenants.

why would they do that without your notice?
I have no relevant experience, but perhaps a small claims court will ask them the same question.

clutton_2

is your deposit in a Deposit Protection Scheme

these agents dont even know the law.. tenants only have to give one months noitce anyway

dont tell them the receipt is in storage... just tell them it was sent recorded and you have proof.... the only person who can demand documents legally is a judge...

""I know I checked the online tracking on the Royal Mail website and it showed that it had been signed for." - can you download this ?

they are trying it on

mooks

Eric1 wrote: »

why would they do that without your notice?

I asked the agency exactly that question today. They claim that the landlord approached them and asked them to market the property - but if that was the case then surely that just proves that not only was he aware that I was moving out, but he was actively looking to find new tenants as well?

In the end, it doesn't look like they're going to budge. I don't have a problem going through small claims - obviously I'd prefer not to, but if that's the way they're going to play it...

bitsandpieces

Did you check delivery on a computer you still have access to? This may still have the tracking number stored on there if you go to the RM page where you entered it - worth a try? You could then print out proof (sort of) of delivery.

mooks

clutton wrote: »

can you download this ?

bitsandpieces wrote: »

Did you check delivery on a computer you still have access to? This may still have the tracking number stored on there if you go to the RM page where you entered it - worth a try? You could then print out proof (sort of) of delivery.

Believe me I wish I had done now... Unfortunately my privacy settings mean my browser automatically deletes my history every time I close the browser window. So incredibly frustrating now...!

I'm just so unbelievably upset about this - even if it was an honest mistake on the part of say, their admin people or the person in the post room, there's no way that I'm going to allow someone else's incompetence in losing my letter do me out of the best part of £2,500...

The possibility that they're trying it on is even worse - maybe I'm being very naive, but to think that there are people out there who might pull a scam like this is utterly disgusting.

theartfullodger

Ultimately (if it gets that far..) it will be up to the court (presumably small-claims..) to decide who is telling the truth when one of you sues the other....

Please keep us informed as to what happens!!

For future info, advice to Landlords to "prove" stuff was delivered is
a) Don't rely on recorded signed for as punters can refuse to sign..
b) Send the item, twice, from two different post offices & get proof-of-postage, and keep copy of letter. Judges just might believe one item wasn't delivered, but not that both failed to get through..

Hope it works out & best of luck!

Lodger

clutton_2

OP - search on here for Eaglerlearner - she has a long thread about how to take a difficult landlord to court.... set aside a couple of hours and learn h ow to do it..... we will help you through the process

once your LL gets your formal Letter Before Action he may take you a bit more seriously...

did you sign an inventory on move in and move out ?

tbs624

clutton wrote: »

ithese agents dont even know the law.. tenants only have to give one months noitce anyway

Clutton - AFIAA he was invoking a break clause within the Fixed Term , not giving notice under a stat periodic.