Overpayment of rent partially STOLEN due to mixup with dates

silk_2

donfanatico wrote: »

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

We orally handed it in on 20th and in email on 25th, you can see the latter from the email trail actually. Nobody is saying that I didn't hand in notice on time, not even the EA.

tbs624

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

Yes - the deposit should have been scheme registered and the scheme's prescribed information supplied to you, both within 30 days of deposit being paid over.

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..

Which address is on the tenancy agreement?

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.

A letter before action can still be polite -you simply set out the situation to date, enclosing copy email correspondence and giving them the chance to arrange to reimburse the disputed £100. The point is that this LA acts on your LL's behalf and she *ought* to be aware of exactly how they operate.

She may of course have queried why keys were not returned "on time" and not been given the full details of the LA's part in that delay.

silk_2

tbs624 wrote: »

She may of course have queried why keys were not returned "on time" and not been given the full details of the LA's part in that delay.

They had new tennants moving in 30th or 1st Dec, so she'd have no idea that they keys weren't "on time". She moved up north well away from here so she has the property fully managed by the EA.

I will try your advice if the EA doesn't do the right thing. Cheers. :beer:

sandsni

QUOTE 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)

Quote


This seems to be the key email that everyone has missed or ignored. The tenancy began on 30th April 2011 so the tenancy periods are 30th of the month to the 29th of the next month. Therefore the LA would be absolutely right that the vacating date is 29 November. Notice periods generally have to coincide with tenancy periods so your notice given on 20 October would be from 30 October to 29 November, regardless of the "rent due" date. So you would be liable for the rent from 26 to 29 November.


Unless of course the LA has got your tenancy dates wrong.

Kynthia

I disagree that the handing back of the keys is the be all and end all. The handing back of keys is just one indication that a tenancy has ended. If the OP gave correct notice to end the tenancy, then moved out of the property meaning that the landlord and agent had free reign over the property and the agents were happy to have the keys a few days later then this does not mean the tenancy went over by a few days and the tenant owes rent. So to summarise the tenancy was ended correctly on 26th (or 25th), the tenant moved out, but there was a mutual agreement to handover the keys at the checkout which was a few days later adn this is how I would argue it if I was the OP in a letter before action.

However there seems to be a slight level of confusion on whether the notice was valid and what the tenancy dates really are. OP we really need to know the date the tenancy began in the last contract you signed.

sandsni

sandsni wrote: »

QUOTE 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)

Quote


This seems to be the key email that everyone has missed or ignored. The tenancy began on 30th April 2011 so the tenancy periods are 30th of the month to the 29th of the next month. Therefore the LA would be absolutely right that the vacating date is 29 November. Notice periods generally have to coincide with tenancy periods so your notice given on 20 October would be from 30 October to 29 November, regardless of the "rent due" date. So you would be liable for the rent from 26 to 29 November.


Unless of course the LA has got your tenancy dates wrong.

I've just realised that the rent you pay on the 26th probably covers the period 30th - 29th so the rent you paid on the 26th October (assuming it was a full month's rent) should have covered 30th October to 29th November and you wouldn't have been liable for any extra. So the LA may well have made a mistake.


My brain hurts :-p