Urgent advice needed please!

jjlandlord

G_M wrote: »

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

I'm glad you agreed

I believe it could have been that OP's notice had expired between the date she moved out and the date the new tenant moved in. Had that been the case her tenancy would have ended when the notice expired, hence why tenancy dates were still useful to know, imo.

louise030402

Right, well my partner rang him to get the meter readings and mention about refunding the rent because he has moved in someone else his response is that he agreed to let her in early to decorate and that she isn't paying rent till the first so technically i've paid for her to live there 2 weeks early. She has confirmed to me she was in on Thursday and she had all essential furniture in the house.

Can i have some help with wording a letter please! The money owed to us will be £235 which is the rent we paid after the 18th. Oh and if this make a difference, it's actually a small agency that is causing the problem not the LL himself, but the owner of the agency, had no contact with the LL himself so tend to forget the person we are dealing with is at the agency!

TIA

louise030402

princeofpounds wrote: »

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.

Thanks for this, i was in the middle of typing a new post so didn't spot this at first! Sounds so much better then anything i could come up with lol!

tbs624

louise030402 wrote: »

....... Oh and if this make a difference, it's actually a small agency that is causing the problem not the LL himself, but the owner of the agency, had no contact with the LL himself so tend to forget the person we are dealing with is at the agency!

Download the LLs address from the HM Land Registry (4 quid fee) and send him/her a copy of the letter you will be sending to the LA. LA acts on behalf of LL, although many LLs are remarkably unaware of exactly what the LA does in their name.

G_M

Has all your communication been with the agent?
1) Speak to the landlord if you know his number and/or
2) write to the LL (use the address on your tenancy agreement evn if it is c/o the agent. Send a COPY to the agent.

Prince of Pounds letter is a good start though I would make more emphasis on the fact that your moving out date was the tenancy end date (rather than initially focussing on the notice to quit [note spelling])

Dear LL,

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

Following discussion and agreement with Mr Agent, I moved out of the property on date c, and returned the keys to him as he requested them for access for redecoration. This terminated my tenancy, ending my liability for utility bills and rent. However I had paid rent up until date b.

I have also since discovered that the house has been subsequently occupied since date d by a new tenant. Whether this was for redecoration only, as the agent claims, or was full occupation, as I have clearly established, is immaterial.

By allowing a new occupant access, you have given clear confirmation that my own tenancy ended, as of [date moved out again].

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 should immediately remove the new occupant, and restore the condition of the property to how it was when I was last there.

However, as I have no wish to inconvenience either you or the new occupant in this way I look forward to receiving the overpaid rental money by return of post.

I trust this matter can be settled amicably and without resort to legal measures.

louise030402

Yep all contact has been through the agent, we do have a name for the LL, but address is for the agent so will do as you suggested.

All the agent has done so far is try to argue his way out of it, not really sure how he can think he has a leg to stand on. He did make a comment about making no money off this women being there early, hardly my issue though is it, why should i foot the bill for her to live there now?

There was also a few items left in the house of ours, not majorly important, but i noticed they'd gone.

At least i can be glad that the house we're in now is a LOT better!

Thanks for all the advice so far, will get the letter sorted asap, although i have a feeling i'll be needing more advice after the letter has been recieved!

princeofpounds

I like G_M's improvements (I wrote the first draft in a coffee break, so that's why I mentioned it could be improved!)

Benji

G_M wrote: »

write to the LL (use the address on your tenancy agreement even if it is c/o the agent. Send a COPY to the agent.

Write to the LANDLORD at the address for the service of documents which will most likely be on your tenancy agreement, but must have been provided to you at some time under section 48 of the 1987 Landlord & Tenant Act. It may be his home address, it may be his agents address - it may even be his Great Aunt Maud's address, but it is where any such correspondence should be served. Of course, as G_M suggests, you can send copies to other relevant people if you want to / think it's appropriate.

Regarding the missing items, may I suggest an extra paragraph along the lines of:

You appear to have disposed of my XXX, XXX and XXX. This is a clear breach of the Torts (Interference with Goods) Act 1977 and I would ask how you intend to deal with this matter.

G_M

Unless you actually want the missing items back, you might do better to ignore them.

Leaving any of your possessions in the property could well be interpreted as not giving up the tenancy (you are still 'in occupation')!

As we are going to considerable lengths to argue the tenancy HAS ended, your possessions in the property will confuse the issue.

louise030402

G_M wrote: »

Unless you actually want the missing items back, you might do better to ignore them.

Leaving any of your possessions in the property could well be interpreted as not giving up the tenancy (you are still 'in occupation')!

As we are going to considerable lengths to argue the tenancy HAS ended, your possessions in the property will confuse the issue.

Oh yeah good point, thanks for pointing that out! It was only a couple of pairs of curtain and lightshades, so nothing that we miss in the new house.

I'll update when or if he responds to the letter.

Once again thanks everyone for your help