Ended Tenancy - LL issues

Frankj_2

Hi All,

Hope you can help. I had a 12 month tenancy, which expired at the end of February. It was not until about the 19th that I was offered a new place to live by a friend of mine, closer to work and less rent.

I know it's polite to give as much notice as possible, but i was only able to give the LL a week. Genuinely didn't know about the new room until last minute.

Anyway, LL clearly not happy, initially said i needed to give a month's notice. After reading this forum, i dont believe i do. And there was nothing in the tenancy about this too. The LL then claimed verbal contract that i had agreed to. (i hadn't)

LL has since re-advertised the room as available immediately, but is claiming for damages to the room (it was a houseshare with 4 others). I denied the damages as I had not caused any. So he pointed out sections of my tenancy, which state in summary -
to leave the property as per the inventory less wear and tear - yet there was no inventory.
; to pay the LL any costs associated with a breach of the tenancy, which i hadnt breached.

I have since re-claimed my full deposit from the scheme (it was registered with-in 30 days and i received an email from the scheme - which i believe would cover the PI aspect)

I can see this going to dispute. Since i've not had to do this before (always had full deposit back), I wonder if anyone can provide advice on what i need to say to the scheme?

Pixie5740

We need more information.

Where in the UK are you? There are different laws depending which country you are in.

Did your LL live in the same property as you?

What date did your tenancy agreement start?

How frequently did you pay your rent? Weekly, monthly?

pmlindyloo

Start by reading this.

http://www.mydeposits.co.uk/sites/default/files/mydep%20DDD%20ADR%20Guide.pdf

It is not up to you to prove that damage etc was caused by you. It is up to the landlord.

Where there is no detailed inventory the LL will have a job proving that any damage was caused.

Are we talking about damage to your room only?

Was it a joint tenancy agreement? or individual? Was your deposit held separately to the others' deposits?

Frankj_2

Pixie5740 wrote: »

We need more information?

Where in the UK are you? There are different laws depending which country you are in.

Did your LL live in the same property as you?

What date did your tenancy agreement start?

Hi, thank you, sorry for my novice mistake

I live in England, the tenancy started in March 1st last year. and no it was all individual tenants in the property. - LL paid all the bills.

Forgot to mention that all the bills and personal mail for the LL kept coming to the house too.
- i only met the LL once, but seems abit strange. Has claimed im harassing him, even though all i've done is ever reply to the messages they have sent me. Has told me now that if i contact him again he'll go to the police for my 'threatening' behaviour (which is a godsend as i'd rather let ADR settle this)

Frankj_2

pmlindyloo wrote: »

Start by reading this.



It is not up to you to prove that damage etc was caused by you. It is up to the landlord.

Where there is no detailed inventory the LL will have a job proving that any damage was caused.

Are we talking about damage to your room only?

Was it a joint tenancy agreement? or individual? Was your deposit held separately to the others' deposits?

Oh thank you, ill read it.

Just damage to my room ( i think ). - not had any details yet. LL refused to give me a copy of the check out report or specify what they are claiming for. Just that the room will need a 'professional clean'.

all individual, the other housemates were there before and still there when i left. Deposit protected seperately too.

I was told a lock would be fitted to my door, but this never happened. However i dropped off the keys on the day and took photos and the room looked fine, and basically how id receive it. - i wiped surfaces, vacced, etc. It wasnt a big room, so not a big job.

Pixie5740

In that case your fixed term ended 28th February 2015 and as long as you moved out by then you don't have to give any notice although as you say it's polite to do so. See Ending an AST.

As for any deductions to your deposit, the onus is on your LL to prove they are justified. No inventory will make that difficult for him to do. Also see Deposits.

Frankj_2

Thank you puts my mind at ease.

As i said, not been through the process - do i just need to confirm that the room is as i received it, or will the LL give their case and i be allowed to comment on it? - silly question maybe.

Yes i left the keys on the 27th and was out before then, but wanted to make sure the room was ok

G_M

The point about a fixed term contract, with a specified end date, is that contractually, on that date, it.... well.... ends.

No dodgy clause can alter that fundamental aspect of the contract.

As for damage, if it goes to dispute each side presents teir evidence (to the sceme arbitrators or court) and a decison is given.

* Deposits (payment, protection and return)

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy?

Frankj_2

G_M wrote: »

The point about a fixed term contract, with a specified end date, is that contractually, on that date, it.... well.... ends.

No dodgy clause can alter that fundamental aspect of the contract.

As for damage, if it goes to dispute each side presents teir evidence (to the sceme arbitrators or court) and a decison is given.

*(payment, protection and return)

* what happens when a fixed term ends? How can a LL or tenant end a tenancy?

Thank you, very useful.

I've read the deposits post - but am unsure, what kind of evidence can i present? For example i have photos of the room when i left.

I understand it's for the LL to prove damages, but I want to present the best case that i can. But not sure how to do so, as i dont even know what they are claiming for.

I dont expect anyone here to know either of course

In such a circumstance, do you have any advice on what to present. I see that LLs for example (and not applicable in this case) could present receipts for work done prior to the tenancy. However I do not have such evidence. I kept the room in a good condition, and took photos to show it was in a good condition when i left. Would my argument be strengthened for example by the text messages (where the LL says that they are basically not returning my deposit because i was 'unreasonable' with my notice) help?

SerialRenter

Most of us on here know what arbitration offers and its end result, but we get very few posts on here telling us about how the process went for them and what to expect. So if you could keep us updated on it, i'm be immensely grateful.

Also G_M might i suggest the topic for your guide? Or as an addition to the deposits section.
From the POV of the tenant & Landlord.
Types of evidence. Weighting of evidence.
Importance of the inventory and check out.
Disputing or altering the inventory on move in.
etc.

Pixie5740

Frankj wrote: »

I've read the deposits post - but am unsure, what kind of evidence can i present? For example i have photos of the room when i left.

I understand it's for the LL to prove damages, but I want to present the best case that i can. But not sure how to do so, as i dont even know what they are claiming for.

Without an inventory your LL is unlikely to have any case and is just blowing smoke. Just put in a claim for your full deposit back from whichever scheme it is being held with, do it sooner rather than later.