Ex landlord sent my guarantor a rent arrears letter

Sambles

chappers wrote: »

You were in a stautory periodic tenancy and only had to give 1 months notice, which had to coincide with the rental period. So to leave on the 17th October you should have given notice by the 18th September.
Incidently you need give no notice to leave at the end of the fixed term.

I did, they would have received it several days before. I haven't yet found the receipt for the recorded delivery (and don't honestly know if I will) but the lettings agency doesn't care about any evidence, they just keep repeating 2 months notice.

Is it best to wait to see what their next step is, or go about arranging representation now?

Sambles

BitterAndTwisted wrote: »

Have you asked them for a full break-down of their claim and a rent-statement for the whole of the tenancy IN WRITING?

I asked them for a breakdown, they sent me the record of rent payments, the last payment they're requesting oddly being around 441, and told me if I wanted a breakdown of the rest I would need to contact the solicitors directly

DVardysShadow

Dear <Solicitor>

In respect of your claim for <££££> on behalf of Landlord, I would advise that the tenancy ended on <date> and 1 full month's notice was given on <date>, which means that notice was given for a whole tenancy period and ended with a tenancy period. The last payment of rent was made on <date> to cover the tenancy period ending <date>.

Accordingly I believe that no money is owing to your client and prior to your letter no request has been received for further payment. Would you kindly provide a full breakdown and justification for the money being sought - <Letting Agent> has not been forthcoming with this information

I understand that you are minded to take this to court. However, if the claim is justified, it will be settled without delay. You should note that if you are still minded to take this to court, I shall draw the court's attention to any evidence which you submit for the court which you do not bring forward in response to this letter.

Yours faithfully

<Sambles>

BitterAndTwisted

Sambles wrote: »

I did, they would have received it several days before. I haven't yet found the receipt for the recorded delivery (and don't honestly know if I will) but the lettings agency doesn't care about any evidence, they just keep repeating 2 months notice.

The letting-agents are wrong, wrong, wrong whatever they may claim. Have you received any acknowledgment at all in writing (email or whatever) that they did receive your notice but claimed it was unsufficient?

Is it best to wait to see what their next step is, or go about arranging representation now?

Angel, you don't need representation. If push comes to shove you can represent yourself in court. It's not scary and courts are quite used to individuals not having legal representation. It's just a few people sitting at a desk, not witness boxes etcetera.

In your place I would write to the solicitors informing them that you are not aware that you owe the landlord or the agent they represent a single penny and that you will be taking the matter up with their client. The solicitor will not get involved with any of the details of the dispute. They will write any letters they are instructed to by their client but rarely, if ever, see any of the documentation which justifies their client's claim.

cc the letting-agent and the landlord with your letter to the solicitor and then write direct to the agent and the landlord asking them to justify precisley why they think you owe anyone anything.

franklee

http://www.opsi.gov.uk/Acts/acts1988/ukpga_19880050_en_2


(2) If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of—

(a) an order of the court, or

(b) a surrender or other action on the part of the tenant,

then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.

(3) The periodic tenancy referred to in subsection (2) above is one—

(a) taking effect in possession immediately on the coming to an end of the fixed term tenancy;

(b) deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy;

(c) under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy;

(d) under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and

(e) under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.

Look at that last paragraph, except that any term ... note the not!

franklee

chappers wrote: »

You were in a stautory periodic tenancy and only had to give 1 months notice, which had to coincide with the rental period.

Unless the tenancy agreement had a clause to make a contractual periodic tenancy arise. Some agents do this and if so then the contract notice might apply. OP can you post the clauses that deal with ending the tenancy and anything about periodic arising?

nollag2006

rentergirl wrote: »

... (just as those requests for a 'company let' - anybody else remember that?)

Company lets are still very much alive and well.

I have one of my own properties let out on this basis. Same tenant for the past 3 years, and a 5% YOY rent increase built into the contract.

Not easy to find - but a lovely little gem when you do

:T

Sambles

"This Tenancy may be terminated after six months giving at least two months notice in writing commencing on the next and same date in the month as that on which the Tenancy began"

That is literally it.The rest of the termination section deals with handing the keys back and making sure the property is clean and with no goods left inside.

DVardysShadow

Sambles wrote: »

"This Tenancy may be terminated after six months giving at least two months notice in writing commencing on the next and same date in the month as that on which the Tenancy began"

That is literally it.The rest of the termination section deals with handing the keys back and making sure the property is clean and with no goods left inside.

OK, you need to take a look at the rest of the contract to see what happens after the fixed period [6 months] of the tenancy. This is tricky, but the essential question is whether you went onto a contractual periodic tenancy or onto a statutory periodic tenancy.

Sambles

DVardysShadow wrote: »

OK, you need to take a look at the rest of the contract to see what happens after the fixed period [6 months] of the tenancy. This is tricky, but the essential question is whether you went onto a contractual periodic tenancy or onto a statutory periodic tenancy.

All it has that relates to this is a notice requiring possession after the 17th November 2009. It doesn't mention anything else. When I first got advice on moving out and sent scans of the contract off I was told it was a statutory periodic tenancy.

I don't think I can find the recorded delivery receipt for the notice letter, so I can't prove when they got it. This is the only point I can think they're able to contend.

If the landlords agent accepted my notice to move out on the 17/10/11, and they accepted the keys that day as well (they had viewings booked for 20 minutes after I was due to be out), does that not count as surrendering the tenancy also?