Dispute over rent payment

booksurr

jjlandlord wrote: »

The law is not that "the final period does not have to be apportioned".
The fact that OP did not move out on the 20th Dec. 2014 does not automatically entitle the landlord to the full rent because of the issue of validity of the notice to quit.

This also depends on the validity of the notice to quit.

If the notice is invalid is does not expire on the 20th Jan. It is invalid and has no effect.

the OP is not in Scotland therefore there is no such thing as a NTQ

booksurr

oblivion204 wrote: »

I see what you're saying and I did mean from 21st feb to 20th March.

I suppose I just wanted to leave this property with nothing hanging over my head or to worry about. I'm just frustrated this has happened and its stressing my pregnant wife out. If it continues with the text messages I shall just end them politely with a small warning to stop texting me.

Thanks all for your input by the way, you have all been very helpful.

if uyou and the LL cannot reach mutual understanding then you are going to need to take it to the level of indefensible evidence of what you have paid, that means you "simply" produce all you bank statements from Feb 2010 to Dec 2014 and list out every single payment you ever made to her. You then match that against the rental periods starting 21 Feb 2010 and ending 20th of the next month. ie you create your own rent statement as proof. That will soon sort out what is happening now in Dec 2014 in respect of the "last" payment

what she spent the money on and when she "cashed" your payment are utterly irrelevant. All that matters is what you paid her and when you paid it

princeofpounds

You really are trying to overthink this.

You know the number of rental payments. You know when your first was, and when your last was, you probably even paid the same day every month. Check your statements to confirm if necessary.

You know the number of rental periods you were in the property (I.e. Calendar months starting on the date you moved into the property and the tenancy started).

If you left part-way through a rental period, that counts as one full period.

The two need to match. Number of rental payments equals number of rental periods 'consumed'.

When you paid, when she cashed things in, these are not relevant.

jjlandlord

booksurr wrote: »

the OP is not in Scotland therefore there is no such thing as a NTQ

How can a tenant end a periodic tenancy in good ol' England?

Argghhh

why would you be daft enough to pay deposit + 1 months full rent on 1st feb then pay it again on 21st feb - if you did this then she owes you 1 month rent - simple
if your 1st payment went out 21st march - you are straight