Landlord wants extra months rent

john_kent

This is down to the properties here being almost impossible to let due to the amount of dust and noise generated by building works on the new bypass.

I think what I will do is just vacate on 31st May and see what happens. She has been slow fixing things and I was thinking she may find "faults" that need fixing for the the next tennant so will cut losses and go. Legal or not , at least it gets me out of here and into a place where all three of us can live comfortably and nearer to family who need our support

BitterAndTwisted

sooz wrote: »

He did put it in writing. Her call was confirming receipt of written notice, which she now denies.

I disagree. From what the OP has written I gather that notice was given by phone and acknowledged by the LL at the time but now they are maintaining that as the notice was not given in writing they now deny having received it.

The OP is in a weak position by not having the notice given by phone be confirmed in writing.

I suspect that in the absence of written notice the deposit-protection scheme's arbitrators will allow a month's rent to be deducted from the OP's deposit.

marleyboy

If LL cannot use deposit for rent, the worst scenario in leaving your property for a bigger premises, is the loss of your deposit. This being the case, simply let her know regardless that you intend to move at given date and have no funds to pay two lots of rents, resulting in deposit being lost.

Chances are LL has already used deposit or would soon find a reason NOT to repay deposit, hence the reasons they dont want to use deposit to cover any rent arrears. Simply inform her of your intentions regardless and kiss your deposit goodbye.

jjlandlord

BitterAndTwisted wrote: »

I disagree. From what the OP has written I gather that notice was given by phone and acknowledged by the LL at the time but now they are maintaining that as the notice was not given in writing they now deny having received it.

The OP is in a weak position by not having the notice given by phone be confirmed in writing.

I agree. Without proof of service there is nothing OP can use to argue.

BitterAndTwisted wrote: »

I suspect that in the absence of written notice the deposit-protection scheme's arbitrators will allow a month's rent to be deducted from the OP's deposit.

Arbitrators are only there to solve disputes. If OP does not dispute deductions then arbitrators will not even look at the case.

terryw

marleyboy wrote: »

Chances are LL has already used deposit or would soon find a reason NOT to repay deposit, hence the reasons they dont want to use deposit to cover any rent arrears.

The deposit should be in a scheme.

cooltt

Oh for christs sake the OP has already said they don't care about the deposit so he just needs to move out at the end of the month. If the LL has spent his deposit instead of putting it into a scheme then she's the one legally f**ked not the tenant. If it is in the scheme then she can just deduct rent.

Thats it game over.

BitterAndTwisted

If the OP isn't concerned about the deposit then all they need to do is make an arrangement to hand the property back at a mutually convenient date and time.....

G_M

There is a lot of misunderstanding of the OP's position and misadvice being given.

It's a periodic AST with the relevant period being 1st of month to last of the month. So one months notice was required to be given by last of the month. OP said:

I advised my landlord on 28th April that I would be gone by 31st May.
My Landlord has just said that she has not received a letter

so notice was given in time.
Additionally, apparantly:

She acknoledged on phone

though later denies this.
So proper notice was given and OP can simply move out. If LL wishes to make an issue of this by denying notice was given that is up to her. She can either claim the rent from the deposit, which could result in a dispute via the scheme, or sue for a months rent in the small claims court.

In either case it becomes OP's word against LL's word. Personally I doubt the LL will do this.

My advice to OP would be
a) send a copy of the original letter to the LL, also reminding her of the telephone confirmation (date/time of call), and request a check-out inspection on the 31st May and
b) move out on/before 31st and wait to see what, if anything, the LL does.

jjlandlord

G_M wrote: »

So proper notice was given and OP can simply move out. If LL wishes to make an issue of this by denying notice was given that is up to her. She can either claim the rent from the deposit, which could result in a dispute via the scheme, or sue for a months rent in the small claims court.

Fair enough.
However, so far it seems that OP has zero proof that he even served notice. Based on that OP should thus keep in mind that he has no defence if LL seeks payment of that extra month rent.

G_M

jjlandlord wrote: »

Fair enough.
However, so far it seems that OP has zero proof that he even served notice. Based on that OP should thus keep in mind that he has no defence if LL seeks payment of that extra month rent.

I disagree. The OP has a perfectly good defence - that notice was given as required by statute.

What the OP lacks is evidence of that notice. Hence my statement that

it becomes OP's word against LL's word.

Difficult to predict who the arbitrator/judge will believe.