Help, Can they do this?

Ju&Mel

We are renting through a letting agent
The landlords have been hassling us for some time over various things, and have turned up on our doorstep unannounced 3 times demanding entry 'to have a look around' (we refused) as inspections have been done by agents and they say we are best tenants on their books

We have been given notice for 21st April, we ha bought a house and completed on the 26/3, we have in writing (email) from the letting agents that landlords would like property early 28/3 and would return remaining rent
That was fine by us, so we moved out completely, we then received a phone call the morning of the 28th saying Landlord has changed his mind. And that we have to stay/live in the property fully furnished! We've already moved Argh

We have today received this email
Can they do this? They were not there for check in inventory (just pictures) we know they are going to try and keep our deposit
So how can they do check out?


From yesterdays date 2nd April 2013 (LA) are now no longer
acting as our letting Agent with regard to 101 X Rd.
The current rental agreement will now continue until 21st April 2013 and will run in its entirety to the original signed contract terms and conditions.

This means that on the last day being 21st April 2013 the handover must be complete and keys returned by 12.30pm or before by mutual agreement and that deposit will be returned subject to final walk through inspection, condition of property and any breaches of contract.


All correspondence regarding this must now be forwarded direct to ourselves as we are now private landlords and deposit has been legally transferred to our account with the DPS awaiting sign off

dancingfairy

It sounds like a bit of a mess to be honest.
If the landlords asked you to deal with the agents and they were managing agents (and did the inspections etc) then it is reasonable to take what they have said as true.
They appear to have asked you to move out early and not given the required notice and you appear to have accepted an early surrender.
It seems to be that any compensation due is between the agent and the landlord and not you.
They cannot make you move back in and furnish the house (how ridiculous), however whether they can hold you to the tenancy agreement is a different thing altogether.
I'd be tempted to write back to them, thank them for their letter but remind them that you had agreed an early surrender with the agents, say you wish to arrange a checkout inspection with them and that you wish to have the overpaid rent paid back to you.
IF you have overpaid rent though you may have to go to court to recover it .
df

Paul_01

The first thing I'd be doing is getting in touch with the relevant DPS and making sure they are aware of the current issues and must NOT release the deposit to the Landlords. The DPS shouldn't release it without your agreement anyway, but I'd be onto them just in case.

It sounds that you have a mutually agreed 'early surrender'. Assuming you have this clearly stated IN WRITING, then this will be enough to bring the tenancy agreement to an early end. As such, your Landlords have no legal right to try and force you to abide by the initial agreement.

The Shelter helpline is probably a good option too - they can give you the help you need.

By the way, the Landlord sounds like a right twit! I'd be relieved I was no longer in their property if I was you.

knightstyle

If the landlord is now acting without an agent ask him which deposit protection scheme he has put your deposit in.
If none then he should be reminded he is breaking the law!
This may help your case.

G_M

Ju&Mel wrote: »

We have been given notice for 21st April,
Please clarify:
1) who gave you this notice?
2) when?
3) how?
4) what tenancy do you have? a) start date b) Term or end date
we ha bought a house and completed on the 26/3,
well done!
we have in writing (email) from the letting agents that landlords would like property early 28/3 and would return remaining rent
5) Date you received this?
6) how come you got this given what you said above about 21st April...?

That was fine by us, so we moved out completely, we then received a phone call the morning of the 28th saying Landlord has changed his mind.
7) from who?
8) if Early Surrender is agreed, neither can change their mind
9) phone call is meaningless
And that we have to stay/live in the property fully furnished! We've already moved Argh
10) had you returned the keys? arranged check-out inspection? read meters etc?

We have today received this email
Can they do this? They were not there for check in inventory (just pictures) we know they are going to try and keep our deposit
So how can they do check out?

11)I assume this is the landlord?
From yesterdays date 2nd April 2013 (LA) are now no longer
acting as our letting Agent with regard to 101 X Rd.
The current rental agreement will now continue until 21st April 2013 and will run in its entirety to the original signed contract terms and conditions.


This means that on the last day being 21st April 2013 the handover must be complete and keys returned by 12.30pm or before by mutual agreement and that deposit will be returned subject to final walk through inspection, condition of property and any breaches of contract.


All correspondence regarding this must now be forwarded direct to ourselves as we are now private landlords and deposit has been legally transferred to our account with the DPS awaiting sign off

Please answer all Qs above. But depending on the answers:

Write back saying that on xx date, while agent was still acting on your behalf, you received the enclosed email confirming agreed Early surrender on xx date. Therefore the tenancy ended on xx date. You have vacated, and are now requesting return of full deposit from the xxx scheme.

Then apply to the scheme for your deposit.

Ju&Mel

1,2,3) S21 received in writing on 15th Feb giving notice date of 21/4
Received from LA on behalf of Landlords

4) 12m tenancy from 21/1/12, now on periodic

5) 25/3, below is email from letting agent

Dear (Tenants)

I can confirm both agent and Landlord will meet yourselves at the property at 4pm on 28th March per the mutual agreement to terminate the tenancy agreement and conduct the final checkover of the property.

Kind Regards
(Letting Agent)

6) The landlords have wanted property back (to live in themselves) since December, but the 1st S21 only gave us 6 weeks notice, so they had to serve notice again in February
So as we had exchanged the sale we offered the property back early

7/8/9) Phonecall from agent saying Ksndlord had change his mind about mutual termination of contracts (if this I'd correct wording) as they decided they didn't want to refund 3 weeks rent.

10) we were awaiting inspection, return of keys, meters etc at 4pm that day (28th) but received above Phonecall at 11.30am on 28th to say they weren't coming

11) yes email to us from Landlord