Letting agency asking me to pay for a vacated property after notice period.

Lord_Skytower

itchyfeet123 wrote: »

Can't quote because I'm on a phone, but Fosterdog, re relevant notice period, the wording is ambiguous. One interpretation is a period of a full 30 days, even if it doesn't align with the formal notice dates. We don't know when the notice was given.

Notice was given on February 7th to terminate March 7th.

Lord_Skytower

ScorpiondeRooftrouser wrote: »

All I would say is that if you do pay until the 25th March, then you don't move out until the 25th March. It should make your move easier at any rate.

You might also find that if the landlord realises they are not going to have their cake and eat it (they may be planning to move someone in on the 7th and get paid twice) they might change their position.

It's the "whilst you can still move out as you have planned" bit that makes me slightly suspect something here. I mean, why mention this? Of course you can move out of somewhere while you are still paying.

No one will be moving in as the property is currently on the market, and at too high a price for the area to boot. The move will be easy anyway as it is only upstairs, but the way things are heading is that there will be a period where I am tenant of two properties for 19 days. No real point me NOT moving out sooner.

Lord_Skytower

G_M wrote: »

Since you've left out the critical email wording it is impossible to advise.

Apologies. I didn't want the original post to be several pages long.

To answer your points in order:

- Moving in date was 25th, so period runs 25th to 24th.
- Telephone conversation to ascertain whether I could hand in notice mid-period. Cannot remember exact wording, other than to suggest it was at the landlord's discretion, but that usually it is acceptable.
- Gave letting agency the notice, on 7th February, via e-mail, to have property vacated by 7th March.
- E-mail regarding payment they required went as follows:

I confirm your final rent payment required on 25th will be £226.02.

Monthly rent £625 x 12 months = 7500
£7500 / 365 = £20.54 per day
£20.54 x 11 days (from 25th February to 7th March)
= £226.02

Any questions, let me know.

stator

Check if your tenancy agreement is worded correctly and doesn't allow a single months termination.

If it does only allow notice on the renewal date and if the rental agency hadn't confirmed that your notice was accepted for a part month then you don't have a leg to stand on.

Lord_Skytower

saajan_12 wrote: »

Well from your OP, the agent initially just said generally this would be accepted but the LL may object - not quite a firm agreement. Any notice from tenant that does not align with tenancy periods is not a valid notice. However you may make a separate agreement with the LL.





It all depends on the email from the agent and whether that constitutes a mutual surrender email on behalf of the LL. OP, stop getting tied up in people's misunderstandings or tone, and quote that email if you want real advice.

Subsequent to my notice being sent to the letting agency, this was what was received back:

I confirm your final rent payment required on 25th will be £226.02.

Monthly rent £625 x 12 months = 7500
£7500 / 365 = £20.54 per day
£20.54 x 11 days (from 25th February to 7th March)
= £226.02

Any questions, let me know.

G_M

It appears that the agent, acting on behalf of the landlord, accepted your notice on the terms detailed in their email.

You should therefore write, politely, to the landlord, with a copy to the agent, and enclosing a copy of the email, stating that no rent is due beyond 7th March as agreed with the LL's agent on his behalf.

Should a deduction be made from your deposit, you object, and then, if agreement cannot be reached, you refer the matter the deposit scheme arbitrators via a dispute.

Lord_Skytower

G_M wrote: »

It appears that the agent, acting on behalf of the landlord, accepted your notice on the terms detailed in their email.

You should therefore write, politely, to the landlord, with a copy to the agent, and enclosing a copy of the email, stating that no rent is due beyond 7th March as agreed with the LL's agent on his behalf.

Should a deduction be made from your deposit, you object, and then, if agreement cannot be reached, you refer the matter the deposit scheme arbitrators via a dispute.

Thanks very much for your response.

The letting agency for my new property have been kind enough to look into the wording of the contract relating to the property I currently reside in, and are going to get back to me later this afternoon.

G_M

Lord_Skytower wrote: »

Thanks very much for your response.

The letting agency for my new property have been kind enough to look into the wording of the contract relating to the property I currently reside in, and are going to get back to me later this afternoon.

I do not see how the wording of the contract will alter anything.

If you rely on the tenancy agreement, and/or tenancy law, you will fail since any notice must expire with a period (24th).

The only exception is where it can be shown that an alternative date was mutually agreed by both parties. Your email appears to provide evidence of that.

The TA will not help.

casper_g

The wording of the contract doesn't really matter, if it has been superseded by the agent (on behalf of the landlord) agreeing to vary the terms and accept a calendar month's notice midway through a rental period.

Lord_Skytower

Having exchanged further e-mails with my current property's letting agency this afternoon, their explanation for the "confusion" goes thus:

I advised you that there was a chance that the landlord may accept your notice as given, although incorrectly, but I also advised that there was a chance that she may not and may hold you to the correct notice. You duly sent in your notice which we responded to. Further to that you asked for confirmation of the amount due under that notice which we supplied.

The landlord was advised accordingly and we asked her for her instruction as to whether this would be acceptable or not. We not receive this instruction from her despite chasing this, until we notified her that you had made a part payment in line with the notice you had submitted. At this point she advised us that she expected you to serve the full notice as is required. We duly advised you of this immediately.