Overpayment of rent partially STOLEN due to mixup with dates

silk_2

Relevant parts of email trail with key points bolded...

Letter from EA to her associate about dates and notice

Hi (sequencehomes)

(tennant) has called to give notice and I have also asked her to contact yu via email so that you have this in writing.

The house that they are buying will complete on the 31st October so they have asked for the nearest date.

From my records I think they will need to pay their last months rent on the 26th October 2013 but i do please need you to confirm this if you don’t mind.

I have contacted the landlord

(EA Letting manager)

Letter from me to EA formally handing in notice and requesting date acknowledgement

Hi (sequencehomes)

As per (EA letting managers) email we would like to notify you that we are buying a house so need to hand in our rent notice.

I believe the last payment will be tomorrow (26th Oct) and that our final day of tenancy would be 26th Nov.

Please let me know if any of this is incorrect or if you need anything further from me.

Kind Regards

Their reply

Hi (tennant)

Thank you for your email.

Your tenancy agreement began on the 30th April 2011 so you months notice will begin from the 30th October and the vacating date will be the 29th November 2013.

Should you require any further information please do not hesitate to contact me.

Kind regards

(sequencehomes)

No further correspondence until I was told when they wished to do the checkout..

Letter from EA regarding inventory and keys

Hi (tennant),

I have booked the inventory for 12.00 mid day on the 29th November.
Would you want to meet the clerk there or return the keys before hand?

Many thanks
(EA Letting manager)

.. She then called me and we agreed on 29th. She preferred the option of me giving the keys to the person doing the inventory and there were no disputes over this, I did as instructed.

I then overpaid by accident and requested a refund.

All was fine until I got less than expected and after chasing it up got this email

Hi (tennant),

The difference in payment refunded is the days between 26 and 29 November which have been charged pro rata by accounts. 26th was due date for following months rent so you have effectively for 4 days rent. The refund is therefore
correct.

I forwarded them proof that they'd confirmed the dates as 29th.. then she chased this up with her senior who then sent this the next day..

Dear (tennant)

The lettings manager has confirmed that the last signed tenancy agreement ran from the 26th- 25th of the month therefore the pro rata for the period 26th- 29th Nov is correct.

I apologise that (sequencehomes)may have misadvised you of the tenancy dates but we have to go by the signed documentation and rent will remain due for that period.

Regards
(sequencehomes2)

So in summary, I checked the dates, was told 26th, asked for confirmation and was told nope, it's the 29th. Then got charged for 26th-29th.

Note that Alexandra, the manager, is the one who initially thought it was 26th then passed it to sequence who confirmed it was actually the 29th. Alexandra then booked the keys etc for the 29th(!). And then Alexandra checked the tenancy agreement and saw that they'd messed up and now they're keeping my money even though they know and admit their mistake.

silk_2

donfanatico wrote: »

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

BINGO! Except they told me the last date was the 29th.

donfanatico

So the keys should have been handed over at 23:59 on the 25th the latest

I would be happy to pay 'only ' 4 days extra

silk_2

donfanatico wrote: »

So the keys should have been handed over at 23:59 on the 25th the latest

I would be happy to pay 'only ' 4 days extra

You're missing the point where I was blatantly misled, probably unintentionally but who's to say? You ask a question, you're told an answer and then everyone follows that answer.

Shouldn't the person who answered the question wrongly be accountable?

silk_2

tbs624 wrote: »

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?

It's in a tenancy deposit scheme if that's what you mean.

I will dig out her address but as she moved house as we moved in I'm not sure it will be a correct forwarding address..

Is it better to politely ask her first or just go all legal terms on her from the offset? She probably has no idea of the screwup and will likely be surprised at the extra cash.

donfanatico

silk wrote: »

You're missing the point where I was blatantly misled, probably unintentionally but who's to say? You ask a question, you're told an answer and then everyone follows that answer.

Shouldn't the person who answered the question wrongly be accountable?

Yes I agree what happened is wrong but your notice is wrong as well. It should have stated the25th because the 26th is the start or a new rental period

silvercar

Personally. I would send a letter before action demanding that the 4 days rent charged be refunded. If you get nowhere I would drop it. Life is too short and you risk a judge deciding with the landlord and moreover you risk the landlord then charging you for the whole month.

I would also edit your post and take out every name.

donfanatico

Did you get your deposit back?

silk_2

donfanatico wrote: »

Did you get your deposit back?

LL Is making a claim, we have yet to find out why. House was left in good clean condition but this is for a separate story I guess.

tbs624

silvercar wrote: »

I would also edit your post and take out every name.

Ditto.

If you want to flag them up OP do so after everything has been finalised, via an appropriate review on https://www.allagents.co.uk or similar.