HELP! I think I'm paying for someone to live in a flat

Daniel_B

Hello people,

I really need your advice here.

Earlier this year we started renting a flat, mid May, and we were contracted for 6 months.

We found a house to buy at the end of June, and as it was vacant, and there was no chain, we completed at the end of August.

We vacated the flat on 6th September officially, and gave the keys back to the EA.

This was all fine, and we would have to pay for the remainder of the term if they were unable to find anyone else to rent it - fair enough.
We would also be penalised £150 for leaving early - again fair enough.

So, we've been out for nearly 3 weeks, and I'm paying on the middle of the month, for the month ahead, so £900 went out on the 15th I think it was, which means I am paying for the flat up until October 15th, and on that date the last payment will be taken out.

This evening, after shopping, I thought I would drive over, and just see if it looked like there was anyone living there.
Lights on, potted plants and ornaments in the windows.

I should have rung the buzzer, and asked when they moved in, but I can do this tomorrow.

What should I do?

I intend to get a friend to ring the EA tomorrow, and say he wants to view the property, if they say it isn't available, then I know they are in on it, and guilty as sin.

The other option is that the landlord has let it out privately, but that doesn't seem to make sense, as the EA wouldn't be able to show people round would they?

My options as I see them are:

Confront the EA - no evidence yet
See if I can get some info from the new, I assume, unsuspecting tenants.
Ring/text the landlord - whose details I still have.

What are my chances of getting the money that has just gone out back, do I need ot get solicitors involved?
It's a large amount of money, and yes I can easily cancel the standing order before next month, but I must be owed the majority of this months £900.

Would really appreciate your advice on ths one, I'm so wired I can barely think straight right now :mad:

Many thanks in advance

Dan

olly300

First find out when the tenant moved in ask the tenant not the LA or the LL as they will lie. Go round and ask if you have any post in your surname and casually ask them when they moved in.

If that doesn't work get a friend to ask about renting your flat out via the LA. Then all you will have proof is that the flat was let out from the 25th September.

Then write to the LL not the LA and demand your over paid rent back. At the end of the letter threaten them with court action if you don't receive your money in 21 days. After 21 days follow this with a "letter before action" giving them 14 days to pay up then submit a claim on moneyclaimonline.

WTF?_2

Dan wrote:

My options as I see them are:

Confront the EA - no evidence yet
See if I can get some info from the new, I assume, unsuspecting tenants.
Ring/text the landlord - whose details I still have.

What are my chances of getting the money that has just gone out back, do I need ot get solicitors involved?
It's a large amount of money, and yes I can easily cancel the standing order before next month, but I must be owed the majority of this months £900.

Would really appreciate your advice on ths one, I'm so wired I can barely think straight right now :mad:

Many thanks in advance

Dan

If you were committed to paying the rent until the end of the term, why were you ALSO penalised for leaving early??????

Why on Earth did you hand back the keys if you were going to have to pay the rent for months to come????? As long as you are paying the rent, you have the right to live there.


In any case, if they HAVE found someone else to live in the flat then you absolutely don't need to be paying any rent. If you find that the flat is being let to someone else (make sure you find out since when) simply confront the agent/landlord about the extra rent that you paid. Probably best to go in, inform them that the flat has been let out to someone else since xx/xx/xx and ask them why you haven't seen your rent returned yet.

Could be an honest mistake and they haven't got around to notifying you yet. If they refuse to refund your rent back to when the current tenants started paying theirs, then threaten them with court action.

Frankly, I think you've acted like a bit of a mug in paying a fee to leave early, handing the keys back and paying the rent until the end of the term.

jaype

Can't see how they could get you to pay a leaving fee - see if it is in any contract. I would talk to CAB about this as it sounds dodgy. I'd also go with the missing post approach - pop in tomorrow, say there was a problem with your redirection service and ask a few questions. Then let them know the landlord / EA is dodgy. After all, if they are that money grabbing they may well prove difficult to deal with regarding the return of the deposit, so current tenant should make sure they have their inventory well in order with supporting photos of any existing problems.

Daniel_B

We handed in the keys so we wouldn't have to be responsible for council tax.

The place is furnished, and even if we weren't living there we would have still been responsible for it.

Also handing over the keys felt like we had finished with it, and no longer had any ties to it, so we were happy get rid of it, and start our new life in our own home.

The penalty was due to the fact that the landlord would have to pay setup fees.

Dan

lynzpower

The penalty was due to the fact that the landlord would have to pay setup fees.

to who! the LL would have to pay set up fees to any tenant- whether you had reached the end of your term or not.

Daniel_B

Well we're going to go through the contract today, and seek legal advice.

We will go round there tonight, and see if we can find out when these people took over - my suspicion is as soon as we left.

I'm also going to ring the council, ot see if they can tell me if someone other than the landlord has taken over paying the council tax.

I can't believe I fell into the trap of thinking there might be a little bit of common decenly and honesty in the world - silly me.

Dan

barnaby-bear

Daniel_B wrote: »

Hello people,

I really need your advice here.

Earlier this year we started renting a flat, mid May, and we were contracted for 6 months.

We found a house to buy at the end of June, and as it was vacant, and there was no chain, we completed at the end of August.

We vacated the flat on 6th September officially, and gave the keys back to the EA.

This was all fine, and we would have to pay for the remainder of the term if they were unable to find anyone else to rent it - fair enough.
We would also be penalised £150 for leaving early - again fair enough.

So, we've been out for nearly 3 weeks, and I'm paying on the middle of the month, for the month ahead, so £900 went out on the 15th I think it was, which means I am paying for the flat up until October 15th, and on that date the last payment will be taken out.

This evening, after shopping, I thought I would drive over, and just see if it looked like there was anyone living there.
Lights on, potted plants and ornaments in the windows.

I should have rung the buzzer, and asked when they moved in, but I can do this tomorrow.

What should I do?

I intend to get a friend to ring the EA tomorrow, and say he wants to view the property, if they say it isn't available, then I know they are in on it, and guilty as sin.

The other option is that the landlord has let it out privately, but that doesn't seem to make sense, as the EA wouldn't be able to show people round would they?

My options as I see them are:

Confront the EA - no evidence yet
See if I can get some info from the new, I assume, unsuspecting tenants.
Ring/text the landlord - whose details I still have.

What are my chances of getting the money that has just gone out back, do I need ot get solicitors involved?
It's a large amount of money, and yes I can easily cancel the standing order before next month, but I must be owed the majority of this months £900.

Would really appreciate your advice on ths one, I'm so wired I can barely think straight right now :mad:

Many thanks in advance

Dan

Take a photo with the ornaments/lights on and a copy of todays newspaper with date in foreground.

Daniel_B

Good call BB, will do that tonight.

I have calmed down a bit now, and am starting to think more rationally, last night was all anger and rage - good job the EA wasn't open when I found out.

pinkshoes

Definitely go round to the house, ask for any post in your name, and then ask when they moved in.

You could maybe take the tenancy agreement along with you, and if they seem nice people (that would back your story up!), show them that the house is still rented to you and ask if they knew.

OR... go along to the LA and ask for the keys back immediately. You've paid the rent, so you have every right to enter the flat. Just as long as you don't use any electricity or anything!! (otherwise they might try and charge you!)

Guy_Montag

I wouldn't get the new tenants involved beyond going round "for the post" & asking when they moved in, they won't want issues with the LA.