Urgent advice needed please!

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.

Since I agreed with your earlier analysis (above) the tenancy dates became immaterial.

Unless of course Notice had ended the tenancy prior even to the OP moving out which
a) you've now established did not happen and
b) could not be the case since by NOT moving out when the Notice expired the tenancy would have continued .... until the OP moved out!

Either way, it seems the date the OP moved out (and the LL accepted the keys), or possibly the date a new tenant moved in, the LL/tenant agreed termination and rent was no longer due.

louise030402

Right, just off the phone to the LL and apparently he's only let her in to do some decorating, not sure where we stand with that really?

There was furniture in there like a fridge and baby food on the side, it was hard to see much else as they have also put up curtains in all rooms, so i can't see how he can prove that's just decorating.

He also mentioned that her agreement is from the 1st of June, so he's making it look like he's not in the wrong

G_M

louise030402 wrote: »

Right, just off the phone to the LL and apparently he's only let her in to do some decorating, not sure where we stand with that really?

There was furniture in there like a fridge and baby food on the side, it was hard to see much else as they have also put up curtains in all rooms, so i can't see how he can prove that's just decorating.

So a new (prospective?) tenant has been given access to a property to decorate while YOU are still the tenant? I don't think so.

Either your tenancy continues, and LL has no right letting someone else in, or your tenancy has ended and you are due a rent refund.

Whether the new 'tenant' has actually started paying rent is immaterial.

Tell the LL you are moving back in for final week of May and will be moving all the 'new tenants' curtains/belongings out into the garden............

louise030402

Thanks for the advice!

Seeing as we moved just around the corner i just went and knocked round on the off chance someone was there and guess what, there was! So just politely told her i'd come to get the post and asked when she moved in, told me she was in on Thursday 19th May and that she'd had to speak to LL about heating not working, so he has outright lied to us about her just being there to decorate!

taxsaver

I would think that your rent liability therefore ended on Weds 18th May and that you will be due the return of your deposit less rent until 18th May. I personally feel the handing back of keys is a mute point as by your own admission you did not return them all and still have one in your possession and did keep returning to the property after you'd handed keys to the LL.

G_M

Stop talking to the LL and start writing. Sending post recorded delivery shows the recipient you mean business (though there is always the risk he refuses to sign/accept the letter.)

louise030402

Yep that is going to be the next step and we will get one sorted to be sent tomorrow, any ideas of how to word it?

Thanks for all the advice, it is very much appreciated!

Wee_Willy_Harris

One important question. Was your deposit registered in a recognised deposit protection scheme? (You will have been notified if it was).

louise030402

Wee_Willy_Harris wrote: »

One important question. Was your deposit registered in a recognised deposit protection scheme? (You will have been notified if it was).

Hiya, yeah the deposit was in a scheme.

princeofpounds

Here is a basic form, there can probably be improvements but it will help you get the general idea:

Letter Before Action

Dear LL,

I recently had a tenancy agreement with you at property x starting on date y for a rate of z pcm.

I gave my notice to quite on date a and paid rent up until date b. However, I moved out of the property on date c, before the end of the tenancy, and returned the keys to you as I was in the process of moving to another address and you requested them for access for redecoration.

I have since discovered that the house was subsequently occupied on date d. On bringing this to you attention you claim it was only redecoration activity but I have discovered that this is not the case. [Would be very helpful if you briefly outline some evidence - photos possible?]

It is therefore clear that despite claiming my money for a continuing tenancy you intended the surrender of my tenancy by operation of law on the date I returned the keys to you and vacated the property, as your actions have been incompatible with the continuation of such a tenancy. You are therefore obliged to return any excess rent paid to me, which I calculate to be the sum of x.

If you continue to contend that my tenancy did not finish at that time then you may have committed illegal eviction by attempting to terminate my tenancy without a court order, which is a criminal offence with a potential fine or custodial sentence. [Not sure about this bit, might be unnecessarily aggressive]

I look forward to receiving the overpaid rental money within 14 days or I will investigate taking further legal measures.

etc.