Overpayment of rent partially STOLEN due to mixup with dates

bebewoo

Basically the estate agents have seized the opportunity to grab an extra £100.
Which is unusual as they are so honest most of the time.

leccyblue

BitterAndTwisted wrote: »

It's not the landlord or the agent's job to tell the tenant when their tenancy-period will end, or that they should ensure they keys are returned on or before the last day. That is the tenant's responsibility. The landlord or their agent are not the tenant's mother.

What a ridiculous thing to say. No one is saying the agent should pick up the phone, phone their tenants and give this information out of their own freewill. But, when asked for such information by the tenant, you would expect the information given to be correct, surely?! Sequence homes themselves, on their website say of themselves...

professional staff who will be on hand to help you through
the entire moving process

Mulder00

leccyblue wrote: »

I think the OP is being given a hard time here. It's all very well saying "your tenancy finishes when you hand your keys back" etc - which legally no doubt is true, but you're treating the OP as if they are experts in tenancy law.

No, by making that statement, people are telling the OP why the EA did what they did and how it works, BECAUSE they are no expert in this field.

It appears though that the OP didn't get the answer they expected.

leccyblue

Mulder00 wrote: »

No, by making that statement, people are telling the OP why the EA did what they did and how it works, BECAUSE they are no expert in this field.

It appears though that the OP didn't get the answer they expected.

Had this all been done with no involvement from the agent then yes, I would agree. The point is, the OP acted on the advice of the agent. The OP was unaware of the implications of that advice. Therefore, the agent has to shoulder some responsibility. The OP wanted to hand keys in and checkout on the 26th. The agent said no, it's the 29th. This caused the additional days rental and subsequent cost. The agent is at fault. Period.

tbs624

Silk - what day of the month did your original Fixed Term end? Was it the 25th of the month?

If yes, then subsequent tenancy periods will have been running from 26th of one month to 25th of the following month and unless agreed otherwise by the LL your one month's notice should have aligned with that.

If you have clear evidence that in response to your specific query the LA has wrongly advised you of the tenancy end date, after your notice was given on the 20th of October then I would, as another poster has suggested, *write* but * to the LL* rather than the LA ( at the address given on the tenancy agreement " for the service of notices" ) formally requesting the return of the £100 within the next 7 days. You may wish to head the letter "letter before action"

It is quite likely that the LA has failed to let the LL know that the error is due to their inadequacies rather than a simple tenancy overstay on your part.

Has the LL dealt properly with your tenancy deposit btw?

silk_2

leccyblue wrote: »

The OP wanted to hand keys in and checkout on the 26th. The agent said no, it's the 29th. This caused the additional days rental and subsequent cost. The agent is at fault. Period.

This is correct - in actuality we were ready to hand in the keys on the 15th. I'm just not sure where to go next in order to get my money back..

Full email trail to follow..

thesaint

silvercar wrote: »

OP said it is periodic now, so we need to know when notice was given at what is the end date of each rent period.

I'm assuming rent is paid monthly and the rent period ends on the 26th as that is when OP thinks the rent should have been paid upto.

But I would have expected OPs notice to say that they are leaving at the end of the rent period and put the date of the tenancy ending in their notice to quit.

If the Op answers my questions. I can give an educated assessment, rather than guessing/assuming/guessing.

A lot written in this thread is nonsense.

jamie11

donfanatico wrote: »

pro rata for the days

donfanatico wrote: »

. If you handed the keys back one day earlier the 29th , you should get back one days rent.

You're wrong on both counts.

Strictly the landlord could have insisted on keeping the whole month's rent that was 'overpaid' since the tenant overran his date for leaving. (I don't think that was the fault of the tenant)

Rent, once it has been paid is non-refundable.

On the other hand the agent sounds to be a bit cute (aren't they all)?

silvercar

silk wrote: »

This is correct - in actuality we were ready to hand in the keys on the 15th. I'm just not sure where to go next in order to get my money back..

Full email trail to follow..

There is never any guarantee if you go to court.

You would claim that the letting agent misled you about the date to hand in the keys, the landlord could counter claim that you didn't hand in the keys by the end of one rent period, so you should pay rent for the whole rent period.

Rather than put the whole email trail on here, posting the relevant parts of your notice that you handed in may be more useful - in particular what dates did you put on your notice.?

donfanatico

jamie11 wrote: »

You're wrong on both counts.

Strictly the landlord could have insisted on keeping the whole month's rent that was 'overpaid' since the tenant overran his date for leaving. (I don't think that was the fault of the tenant)

Rent, once it has been paid is non-refundable.

On the other hand the agent sounds to be a bit cute (aren't they all)?

My comments were on the understanding that the rent period ended on the 30th nov.

It is the 25th actually not the 26th. So the OP OVERSTAYED by one day or by 4