tds issues

BRIH75

I recently moved out of a flat and gave notice to my landlord, the landlord was fine with me moving out and asked his agent to advertise for a new tenant, very quickly a new tenant was found and the agency asked me when I could be out, within one week i move out, gave the keys back to the agency , the rent goes out on 19th march and i moved the 29th march so overpaid rent which landlord is refusing to give back, The new tenant was due to move in the 31st march and on asking the agency the week after i was told the landlord canceled the new tenant from moving in as he had changed his mind and was now selling property
i emailed the landlord and he lied and to date i am in a deposit dispute and the landlord is now stating i am still in tenancy when i have no keys, the flat is on two estate agents sales part and the TDS do not seem to be so interested as its now over two months and i still haven't had the deposit or over-payment of rent back ?
To me the landlord has changed his mind so its his fault and has tried to lie to myslef , i have everything on email and have given to TDS as evidence but the landlord is trying to take my deposit as rent arrears ?

How can this be ?

G_M

So the LL claims there are rent arreas? In that case:

BRIH75 wrote: »

I recently moved out of a flat and gave notice to my landlord,
* What date did you serve notice?
* What date did you give for notice to expire?
* was your teancy in a fixed term? If yes, start and end dates?
* if tenancy periodic (rolling), what exact date did the fixed term end (or the tenancy start if no fixed term)?


the landlord was fine with me moving out
* what exactly did the landlord say?
* was this by elamil?letter? text? phone?

and asked his agent to advertise for a new tenant, very quickly a new tenant was found and the agency asked me when I could be out,
* what exactly did they ask? what did you reply? was a date agreed?
* if agreed, was it by email? phone? etc?
within one week i move out, gave the keys back to the agency , the rent goes out on 19th march and i moved the 29th march so overpaid rent which landlord is refusing to give back,
Depends on answers above, but normally rent is due for a full period (hence dates above are important, unless a written agreement was reached)


[STRIKE]The new tenant was due to move in the 31st march and on asking the agency the week after i was told the landlord canceled the new tenant from moving in as he had changed his mind and was now selling property [/STRIKE]
irrlevant
i emailed the landlord and he lied
??? what lie?
and to date i am in a deposit dispute and the landlord is now stating i am still in tenancy when i have no keys,
* take your tenancy ro a locksmith and ask them to open the door.
* Then fit a new lock.
* Send locksmith bill to landlord
* of course that re-asserts your position as tenant so you'd then have to pay rent.....

the flat is on two estate agents sales part and the TDS do not seem to be so interested as its now over two months and i still haven't had the deposit or over-payment of rent back ?
* I don't understand the question. You must know if you've had the money back - I don't.
* assuming you haven't, have you put in a claim to TDS?
* what have TDS replied?

To me the landlord has changed his mind so its his fault and has tried to lie to myslef , i have everything on email and have given to TDS as evidence but the landlord is trying to take my deposit as rent arrears ?

How can this be ?

If proper notice was not served, then rent is due.
If rent is due, the deposit can be used.
However the LL appears to be claiming both that the tenancy has ended AND that rent is due because it has not ended - clearly cannot be both.

Ultimately if you get nowhere, use moneyclaim online.

But answer the Qs above first.

BRIH75

“
I recently moved out of a flat and gave notice to my landlord,
* What date did you serve notice? 1st march 2017
* What date did you give for notice to expire? used break clause intention to end contract but landlord agreed could leave early if new tenant was found
* was your teancy in a fixed term? If yes, start and end dates? fixed term finishes 19th nov if i was still there
* if tenancy periodic (rolling), what exact date did the fixed term end (or the tenancy start if no fixed term)?no fixed


the landlord was fine with me moving out
* what exactly did the landlord say? no issues he instructed agency to advertise
* was this by elamil?letter? text? phone? by email and phone to landlord and agent

and asked his agent to advertise for a new tenant, very quickly a new tenant was found and the agency asked me when I could be out,
* what exactly did they ask? what did you reply? was a date agreed? when i could be out , I had found some where else as was moving in with partner so wed 29th was agreed
* if agreed, was it by email? phone? etc? phone and email
within one week i move out, gave the keys back to the agency , the rent goes out on 19th march and i moved the 29th march so overpaid rent which landlord is refusing to give back,
Depends on answers above, but normally rent is due for a full period (hence dates above are important, unless a written agreement was reached) paid on 24th for month ahead but moved out 29th


The new tenant was due to move in the 31st march and on asking the agency the week after i was told the landlord canceled the new tenant from moving in as he had changed his mind and was now selling property
irrlevant
i emailed the landlord and he lied
??? what lie? landlord said new tenant had a dog
and to date i am in a deposit dispute and the landlord is now stating i am still in tenancy when i have no keys,
* take your tenancy ro a locksmith and ask them to open the door.
* Then fit a new lock.
* Send locksmith bill to landlord
* of course that re-asserts your position as tenant so you'd then have to pay rent.....

the flat is on two estate agents sales part and the TDS do not seem to be so interested as its now over two months and i still haven't had the deposit or over-payment of rent back ? tenant deposit scheme first rejected claim as thought was still in tenacy, then reopened
* I don't understand the question. You must know if you've had the money back - I don't. tenancy sheme still have deposit
* assuming you haven't, have you put in a claim to TDS? yes twice now as first one was rejected,
* what have TDS replied? they reopened as they said as landlord changed his mind and canceled tenant they would allow this to be reopened

To me the landlord has changed his mind so its his fault and has tried to lie to myslef , i have everything on email and have given to TDS as evidence but the landlord is trying to take my deposit as rent arrears ?

How can this be ?

G_M

Aggghh!

BRIH75 wrote: »

“

* What date did you serve notice? 1st march 2017
* What date did you give for notice to expire? used break clause
Ah! Please provide full wording of BC
intention to end contract but landlord agreed could leave early if new tenant was found
Exact words used and method please
* was your teancy in a fixed term? If yes, start and end dates? fixed term finishes 19th nov if i was still there
* if tenancy periodic (rolling), what exact date did the fixed term end (or the tenancy start if no fixed term)?no fixed

the landlord was fine with me moving out
* what exactly did the landlord say? no issues he instructed agency to advertise
Please answer the question. Exact words used.
* was this by elamil?letter? text? phone? by email and phone to landlord and agent
You misunderstood. How did the landlord respond to you? by email? letter etc? And (as asked above) what exact words did he use?

and asked his agent to advertise for a new tenant, very quickly a new tenant was found and the agency
Communication between LL and agent is irrelevant
asked me when I could be out,
* what exactly did they ask? what did you reply? was a date agreed? when i could be out , I had found some where else as was moving in with partner so wed 29th was agreed
Please quote exact words and method
* if agreed, was it by email? phone? etc? phone and email
So you have an email saying ... exactly what?Please quote in full.


Depends on answers above, but normally rent is due for a full period (hence dates above are important, unless a written agreement was reached) paid on 24th for month ahead but moved out 29th

So far you have notprovided any evdence of an agreement to end the tenancy.

Please provide any written evidence that you have. Then perhaps we can comment on your obligations and rights.


i emailed the landlord and he lied
??? what lie? landlord said new tenant had a dog
:rotfl:And this is relevant to your tenancy because........?

and to date i am in a deposit dispute and the landlord is now stating i am still in tenancy when i have no keys,
* take your tenancy ro a locksmith and ask them to open the door.
* Then fit a new lock.
* Send locksmith bill to landlord
* of course that re-asserts your position as tenant so you'd then have to pay rent.....

.... tenant deposit scheme first rejected claim as thought was still in tenacy, then reopened
If the case is open, why not ensure you've submitted better evidence to TDS than you have indicated here, and wait for their decision?

If your communication with the landlord, or the agent, or the TDS is as flaky as your communication here, then your chances of success are slim.

You need to be very clear (to all of them as well as to us if you want advice) about

* the facts
* the dates
* who said what to who
* what written evidence you have.

FBaby

used break clause intention to end contract but landlord agreed could leave early if new tenant was found

It all comes down to this and indeed how it was worded. I expect his view is that a new tenant was NOT found. He found someone that had the prospect of becoming a tenant but then wasn't.

Whether you have a defense on the basis that a deal was made on the basis of him looking to replace you but now has stopped so, that's the question.

FBaby

By the way, if it goes to tds arbitration, they are likely to rule in your favour, at least up from the point that the house was put up for sale, so gather your evidence as to when that was.