Need help and advice

DPJames

I don't think phone calls count for anything, no matter how many times you make them. They have to recieve something in writing or an email to cancel your tennancy with them. Sorry.

iwanttosavemoney2008

So does anyone know how I should respond to the email they sent me?

iwanttosavemoney2008

Also they refused to take the keys so what can i do with that?

princeofpounds

Phone calls do count for something. Notice does not have to be in written form (unlike LL notice to a T).

However, they are not clear evidence, and a court will decide on the basis of the balance of probabilities if you gave notice or not. If you have a record of multiple phone calls it is reasonable to assume there was a reason for them. If there was no other plausible reason than giving notice there is a good possibility that a judge will rule in your favour, but you cannot be sure. If you produce a copy of the hand delivered note and someone who is willing to testify that you delivered it then it will also help (don't lie though). If the copy is not exact they can hardly hold up the original to dispute that as they claim not to have received it.

Note that you have to give notice to coincide with the end of a tenancy period and you must give it before that period starts, assuming you were on a statutory periodic tenancy. If it was the end of your fixed term you did not legally need to serve notice at all. If it was in your fixed term them you can't give notice and I'd just accept the situation.

So you can go back to them (in writing) and say that notice was served to them as the landlord's agents and it is not your problem if they have lost it internally. Tell them that you will not be paying the extra days and if they want to dispute it through official channels up to them.

They (or more realistically the LL as the agents cannot sue you) will probably drop it. Or you contest them through the deposit arbitrator or courts. You may have some minor court charges if you lose but they can't claim many costs against you. Up to you if you want to face them down or not.

This assumes you don't need a reference and you did serve notice correctly to tie in with your rental periods.

princeofpounds

Also they refused to take the keys so what can i do with that?

The keys are not legally critical for you, but they won't take them in as that can be interpreted as implied acceptance of tenancy surrender (they cannot act inconsistently with their case). Just write (keep copy and proof of postage) that you tried to give the keys back in accordance with your notice but they refused to take them and that you will deliver them to them or the LL as soon as they will take them. The important thing for you is that you tried to hand them back.

So does anyone know how I should respond to the email they sent me?

If you want to fight, more or less as I outlined just now. Tell them that you gave notice, tried to hand keys back, and that you will not pay their claim for extra notice.

iwanttosavemoney2008

thank you here is what I sent to them.


Thank you for your email below. I moved out of the property on Friday 11th 2011, and expected my tenancy to have ended on that date, as per my letter of notice to terminate.

As I have made you aware on every telephone conversation I have had with the various members of your staff I have moved out and want to hand over my keys. It is not my fault I still have possession of the keys as no one would accept them.

I will not pay extra for your claim of extra notice.

I also have a copy of a letter sent by yourselves stating that I had not signed for an extra term on the tenancy, and as such am not a tenant on any lease anyway.

Please give me a time and location to hand over the keys forthwith.


what do you think?

iwanttosavemoney2008

OMG they responded pretty quick this time (took 5 days before)

As your fixed term tenancy was not extended or terminated (as no written notice has been received) the tenancy is still active, despite your protestations. As you hold the keys, and thus retain possession of the property, you are still liable for the rent etc. Your Move do not accept notice verbally, this needs to be in writing. The Tenancy is currently a Statutory Periodic Tenancy, and I advise you to seek advice from the Citizens Advice Bureau if you need any more information regarding this. I will terminate your tenancy as discussed for 12/05/2011 and you will be able to hand your keys over to the branch on this date.

If you do not settle the rental arrears on your account then your Landlord will claim these from your security deposit. Any further arrears will be pursued through court.

I would advise you to return to the property to ensure that it is in good condition for the checkout, which will take place after the end of lease date of 12/05/2011.

RAS

Which month?

iwanttosavemoney2008

RAS wrote: »

Which month?

I sent my notice on 10 jan, moved out 11th february, all 2011