Urgent help needed regarding letting agency

biggsyy147

Hi. I am new to renting this is my first time, I gave the keys back to my agency yesturday and they seemed fine however, they have called today stating they never received an email saying I was handing my notice in, baring in mind I have proof it was sent on the 21st last month, I called the same woman back and sent her a screenshot of this which she received while I was on the phone. I also spoke to her before the 21st Feb stating I was not continuing the tenancy. They are now trying to make me pay for extra months (possibly 6!).

I really need to know where I stand, as I have proof of the email I sent (I prefer to deal in writing but she asked me on the phone to email her!)

I really don't think this is fair, and this agency don't have to best rep from what i've seen on here, but I am panicking now!

Any help would be great.

Thanks

thesaint

What does your tenancy say about the service of notices?
When did your tenancy begin, and how long was the fixed term?

biggsyy147

Hi. Thank you for the reply. Tenancy began in September and the term was for 6 months.

The tenancy agreement states just to give notice 1 month prior to moving.

Thanks

theartfullodger

You do not have to give notice if you leave on or before the last day of fixed term.

HOW (eg letter, email, TXT...) does it say notice must be given?

biggsyy147

Sorry, it was a fixed 6 month fixed contract, with then a rolling 1 month continuing contract. sorry for not mentioning!

theartfullodger

What was/is last date of fixed term?

biggsyy147

24th March 2016 was the last date of fixed term, I gave notice on the 21st Feb. I phoned the agent dealing with the tenancy and she told me just send an email which I did, I have now just read that on the c.a it states I needed to do this in writing, shouldn't she have told me this? (I know I should have looked and essentially it is my fault) but she still shouldn't have told me to email

Pixie5740

So your 6 month fixed term started 25th September 2015?

If you had moved out on or before 24th March 2016 you would not have needed to give any notice to end the tenancy as that is when the fixed term ends. As you were still in the property as of yesterday, 29th March then you had started a periodic tenancy and will have to serve notice. What is the exact wording regarding notice given in your tenancy agreement?

thesaint

thesaint wrote: »

When did your tenancy begin, and how long was the fixed term?

I wanted a date

biggsyy147

Hi Sorry the date was 25th September to 25th March.

I have been moved out since the 1st March, the place has been empty.

Notice - 'The tennant may not end this tenancy during the fixed term. If the tennant intends to vacate at the end of the fixed term, or at any later date, he agrees to give the landlord at least one months prior notice in writing. This notice must exprie on the last day of the fixed term or on the last day of a period of the tenancy.'

Pixie5740

25/09/15 to 25/03/16 is 6 months and 1 day.

You moved out 1st March but you didn't hand the keys back until 29th March so I think you have a Statutory Periodic Tenancy.

If you do have a SPT then your tenancy periods run from 25th to 24th and your notice should align with these dates. You can't give notice to end a tenancy which hasn't started so since your SPT started 25th March then any notice given before this date was invalid.