Overpayment of rent partially STOLEN due to mixup with dates

SolemnSolitary

Silk is trying to point out that we asked repeatedly over the phone and also in many emails, when the keys were due. We made a point of saying we didn't want to pay an extra months rent. We also moved out of the house on the 1st not the 26th. The house was sitting empty and we were told to give in the keys on the 29 as that is when they can book the inspection for.

donfanatico

silk wrote: »

They told me the tenancy is due to end on the 30th thus they must have the keys by the 29th. The keys were handed in and received on the 29th.. as per their exact instructions. Sorry but what kind of point are you actually trying to make here. You are flooding my post with nonsense and I'm trying to get help. You seriously do need to re-read the post.

I've now bolded the important original parts of the post since you seem to be missing the point.

Your dates are confusing. In the OP you said that you moved out of the 4th of November but that your tenancy ends on the 29th, now you are saying it ended on the 30th which makes more sense to me as it is the last day of the month.
And if it did actually end on the 30th your EA has done it wrong because you could have handed the keys in at 23:59 on Saturday the 30th but because it was a Saturday they probably told you they 'must ' have the keys on Friday LOL
Essentially , I think you are one day's rent quids in.

silk_2

BitterAndTwisted wrote: »

I have a feeling that once you contest them having deducting £100 for rent which may not be owed, if indeed your rental-period did end on the 30th, they will tell you that they've deducted £100 in administration charges for returning rent paid but not due.

Cancelling your standing-order would have solved this. But no, someone else is to blame for you being a numpty.

What useless advice. Has the forum really been taken over by nothing but trolls now? We need a downvote button.

How can nobody grasp that what is being asked here is.. if they tell me the date is X but it ends up being Y, in other words entirely their mistake AND they admit it in writing.. what can I do, where can I get legal aid if anywhere?

re: The standing order, no idea WHY you keep harping on about it since I know that part was my fault.. but you do realise the EA would have asked for the £100 or so quid anyway? They are trying to charge me extra for the dates that they gave out incorrectly.

thesaint

The handing in of the keys is irrelevant.
The tenancy ended upon expiry of the notice, and the tenant vacating.

What is not clear, is if the tenant served a valid notice. I suspect not.
If they did serve an invalid notice, the LL/agent were free to accept it, or not.

silk_2

donfanatico wrote: »

Your dates are confusing. In the OP you said that you moved out of the 4th of November but that your tenance ends on the 29th, now you are saying it ended on the 30th which makes more sense to me as it is the last day of the month.

Essentially , I think you are one day's rent quids in.

No, I've been over charged £100. We did move out on 4th, what is confusing about that? The property was empty most of the month whilst we cleaned it etc.

We could have handed in the keys as early as the 15th but they said do it on the checkout which was booked for 29th.

They did say payment date was 30th but that we needed to be vacated by the 29th.

They later said woops it should have been vacated the 26th. Our mistake. You have to pay.

silk_2

thesaint wrote: »

The handing in of the keys is irrelevant.
The tenancy ended upon expiry of the notice, and the tenant vacating.

What is not clear, is if the tenant served a valid notice. I suspect not.
If they did serve an invalid notice, the LL/agent were free to accept it, or not.

Our notice was handed in on the 20th Oct! I did say this.

Whether the vacate date was 26th or 29th in either case 20th Oct is plenty of time and there have been no issues with that.

I've explained quite clearly in the OP what it is they are trying to charge us for and that is the 26th NOV thru 29th NOV even though they told us the vacate date was the 29th NOV. And they arranged everything for 29th and asked us to hand our keys in on that day which we did.

If everyone can stop trying to find a mistake the tennant has made and help me on the actual issue that'd be great. The EA has made a mistake *and has owned up to it* but still wants our money!

donfanatico

SolemnSolitary wrote: »

Silk is trying to point out that we asked repeatedly over the phone and also in many emails, when the keys were due. We made a point of saying we didn't want to pay an extra months rent. We also moved out of the house on the 1st not the 26th. The house was sitting empty and we were told to give in the keys on the 29 as that is when they can book the inspection for.

But this is not how to do it, you send a letter to LL and EA stating that you are giving one months notice. then you arrange to hand back the keys on the last day of the the rental period OR you can mutually agree an earlier data and then pay pro rata for the days

silk_2

donfanatico wrote: »

But this is not how to do it, you send a letter to LL and EA stating that you are giving one months notice. then you arrange to hand back the keys on the last day of the the rental period OR you can mutually agree an earlier data and then pay pro rata for the days

This was done long before on the 20th OCT, and is stated in the OP.

We mutually agreed on the 29th Nov as the last date. THEY THEN CHANGED THEIR MIND AND ARE CHARGING US FOR FOUR DAYS 26th NOV - 29th NOV. I am not sure how in any way this was unclear in my original post.

donfanatico

silk wrote: »

Our notice was handed in on the 20th Oct! I did say this.

Whether the vacate date was 26th or 29th in either case 20th Oct is plenty of time and there have been no issues with that.

I've explained quite clearly in the OP what it is they are trying to charge us for and that is the 26th NOV thru 29th NOV even though they told us the vacate date was the 29th NOV. And they arranged everything for 29th and asked us to hand our keys in on that day which we did.

If everyone can stop trying to find a mistake the tennant has made and help me on the actual issue that'd be great. The EA has made a mistake *and has owned up to it* but still wants our money!

OK, let me get this straight once more.

You handed in written notice to the address for the serving of notices on your tenancy agreement on the 20th ? How? IN person ? BY post? (email is nto rally valid)

In it you stated that your tenancy will end on xxxx when? 30th of November? Which is the last day of the month so it seems logical


If the above is correct you have to pay till the end of November, legally, regardless of when you actually moved out. If you handed the keys back one day earlier the 29th , you should get back one days rent.

BitterAndTwisted

Precisely what were the rental-periods in the tenancy? Please note these are not always the same as the rent-due date.