Urgent advice needed please!

louise030402

We recently moved house, (was and still are privately renting), we paid for the final month out of our deposit which is what the LL requested, this brings us to the 1st of June, the LL has the keys, which he demanded off me saying we'd left the place in a state (the place was fine, we had painted and cleaned everywhere!) and that he needed to get in to do work to get it ready to rent out for the 1st.

I've now gone past my old house and have noticed he has moved someone else in, and looks like all he's done is cut the grass. I do still have a key available to get in the house as well, but obviously don't really feel safe to enter a house with a new tenant in it.

But we have paid up until the 1st of June and we don't even have the final meter reading ready, surely he can't do this?

Any advice before i confront him over this?

Phelpsie001

I have no knowledge in this area..... but what I'd do is:

- Log it with your local police so there is a record and ask them for their advice.
- Contact Citizens Advice

Good luck!!

GAH

What date did you actually move out?

jjlandlord

louise030402 wrote: »

But we have paid up until the 1st of June and we don't even have the final meter reading ready, surely he can't do this?

If he has re-let the property your tenancy has been terminated by operation of Law the day the new tenant(s) moved in along with your liability for rent, etc.

Actually, I would argue that the termination may have occured when he asked for the keys so that he could conduct work there.

louise030402

GAH wrote: »

What date did you actually move out?

We moved on the 23rd April, which he said we would only pay up to the 23rd of May but then changed his mind saying we needed to give a whole months rent from the 1st til the 1st. We were still accessing the house for various reason until last week.

jjlandlord

louise030402 wrote: »

We moved on the 23rd of March, which he said we would only pay up to the 23rd of May but then changed his mind saying we needed to give a whole months rent from the 1st til the 1st. We were still accessing the house for various reason until last week.

If you were on as AST: When did the last one you sign start? What was the fixed term, if any?

louise030402

jjlandlord wrote: »

If he has re-let the property your tenancy has been terminated by operation of Law the day the new tenant(s) moved in along with your liability for rent, etc.

Actually, I would argue that the termination may have occured when he asked for the keys so that he could conduct work there.

Thanks for you answer, i only handed over some and not all of the keys and only becuase he actually got angry and agressive towards me.

What about him refunding the rent money that we have payed till the 1st, where the tenancy has overlapped, does he need to do that?

G_M

jjlandlord wrote: »

If he has re-let the property your tenancy has been terminated by operation of Law the day the new tenant(s) moved in along with your liability for rent, etc.

Actually, I would argue that the termination may have occured when he asked for the keys so that he could conduct work there.

...which means that rent is not payable from that date (either when the keys were surrendered by joint agreement or when the new tenant moved in.

Since apparantly no deductions were requested by the landlord from the deposit for damage/cleaning etc, the deposit should be returned to you less an amount to cover rent up till the date of termination (NOT June 1st).

Calculate this amount of rent you owe, deduct it from the deposit, and request IN WRITING, together with your reasons and calculations, that it be returned.

I suspect you'll have to fight though, and may have to resort to the small claims court since presumably the deposit has already been released by the relevant deposit scheme.

princeofpounds

wot jjlandlord said.

Your tenancy ended by operation of law whenever the conduct of the two parties was inconsistent with the tenancy continuing. You handing over the keys and vacating so he can do wholesale work is one way, moving someone else in is really more obvious.

Therefore you have overpaid on rent and should request it back. If you do not, send a letter before action and then take him to small claims court (if you can be bothered).

Get as much evidence as possible that the place is inhabited, you moved out, etc etc.

louise030402

jjlandlord wrote: »

If you were on as AST: When did the last one you sign start? What was the fixed term, if any?

We'd been there for just over 3 years with an original contract of 6 months and were on a rolling month contract iirc!

jjlandlord

louise030402 wrote: »

Thanks for you answer, i only handed over some and not all of the keys and only becuase he actually got angry and agressive towards me.

Does not matter: He wanted possession of the property to carry out work after you had moved out. One may argue that this was offering to surrender the tenancy.

louise030402 wrote: »

What about him refunding the rent money that we have payed till the 1st, where the tenancy has overlapped, does he need to do that?

Yes.