Pro Rata Rent payments

Guest101

sarzos wrote: »

It might not but given the level of complaint (solicitors letter gets sent this week as do enquiries with their ombudsman) I don't want to give them anything to retaliate on.

Not sure why you're sending a solicitors letter to an agent of the LL, your contract is with the LL.


That aside, what are they going to 'retaliate' with?


The ombudsman doesn't look at your behaviour.
Neither will the solicitor you pay.


But if this is going to turn into a drip-fed thread. I'll save everyone a lot of backwards and forwards.


1: Your LL is ultimately responsible, and you owe the LL rent, not the agent
2: Despite what the Agent did or did not do, you still owe the LL rent
3: you'll probably have a battle on your hands to get it back after
4: you will eventually be evicted (if that's the LLs chosen route
5: a question really: Are you in England or Wales (not Scotlind or NI) and did you move in after Oct 1st 2015?

sarzos

G_M wrote: »

In that case, pay rent as normal until you have a leaving date.

Reclaim any over-payment. t sounds like the LL/agent is being reasonable so I see no reason why they would not refund pro rata once the date/amount is known.

(Yes, leap year. Sorry! )

Reasonable to a degree. The landlord is apparently selling the property since I issued the formal complaint. A week before they were happy to offer another fixed term tenancy. I have doubts about getting any pro rata money back but if necessary I can always get it from them via my solicitor. Rather do that than be seen to be breaching the contract myself too

sarzos

G_M wrote: »

In that case, pay rent as normal until you have a leaving date.

Reclaim any over-payment. t sounds like the LL/agent is being reasonable so I see no reason why they would not refund pro rata once the date/amount is known.

(Yes, leap year. Sorry! )

Guest101 wrote: »

Not sure why you're sending a solicitors letter to an agent of the LL, your contract is with the LL.


That aside, what are they going to 'retaliate' with?


The ombudsman doesn't look at your behaviour.
Neither will the solicitor you pay.


But if this is going to turn into a drip-fed thread. I'll save everyone a lot of backwards and forwards.


1: Your LL is ultimately responsible, and you owe the LL rent, not the agent
2: Despite what the Agent did or did not do, you still owe the LL rent
3: you'll probably have a battle on your hands to get it back after
4: you will eventually be evicted (if that's the LLs chosen route
5: a question really: Are you in England or Wales (not Scotlind or NI) and did you move in after Oct 1st 2015?

England and pre October so the revenge eviction thing doesn't apply to me

Guest101

sarzos wrote: »

England and pre October so the revenge eviction thing doesn't apply to me

Right.


I am going to regret this: but what's the nature of the complaint?

sarzos

Guest101 wrote: »

Right.


I am going to regret this: but what's the nature of the complaint?

They've failed to make reasonable efforts to fix the boiler meaning I've no hot water for three months. The reasonable efforts clause is in the tenancy.

I don't have my landlords contact details. When requested, "he lives abroad" so I have to send everything to the letting agents.

ETA: It's not the ongoing complaint that's really the issue here, I'm under a section 21 notice regardless, just wondered about paying the rent pro rata is all

mrginge

Guest101 wrote: »

OP has received a s.21 notice, and agents have advised they are free to leave before it expires. The implication being, that if they don't, they will evict once the notice expires?

Receiving an s.21 doesn't mean someone is being evicted.

Guest101

sarzos wrote: »

They've failed to make reasonable efforts to fix the boiler meaning I've no hot water for three months. The reasonable efforts clause is in the tenancy.

I don't have my landlords contact details. When requested, "he lives abroad" so I have to send everything to the letting agents.

ETA: It's not the ongoing complaint that's really the issue here, I'm under a section 21 notice regardless, just wondered about paying the rent pro rata is all

Ye that's the LLs responsibility, nothing to do with the agent

Guest101

mrginge wrote: »

Receiving an s.21 doesn't mean someone is being evicted.

Semantics MrG, and I'm not in the mood.

OP wants to leave, and has been offered the option, a s.21 is in place. The rest is irrelevant.

Miss_Samantha

Hi sarzos,

If you do not know when you'll leave you have obviously no alternative but to continue to pay the rent as usual.

In fact, strictly speaking, even if you knew your leaving date you would have to continue to pay as normal unless the agent expressly agrees otherwise.
However, in that latter case, considering the conflictual situation you might decide to pro-rata yourself. But that would give them ground to honestly say that the rent was not always paid in full and on time in a reference request (always something to keep in mind).

dannim12345

I would pay rent in full.

However make sure you get it in writing they they agree to pro-rata the rent if you leave early. If you have trouble getting it out of them after you leave at least you have 'evidence'.