Last Month Rent as Deposit - not refundable?

frey_fi

Hi All!
Following problem:
I signed a contract with an Agency in July and I had to pay two month rent plus a deposit of 50 Pounds. The second rent is for my last month before I would move out ( they basically skipped to get a proper deposit and claiming it as rent. For me that was fine at that point. I found a good room (it is still a good room) The only thing which became horrible was the agency. They don't have the HMO licence ( i live with 4 other people), came into the flat announced, insulted and mistreated us, especially me as I am someone who is not just simply accepting such things... I even got called a '!!!!!' by one of the employees.
So I obviously want to move out. Rent is normally due on the 25th of the month, so I transferred them the money last week. During the weekend an opportunity came up which allows me to move asap. My contract states that I have a 30-Day written notice deadline, which I gave them yesterday. So basically now I have paid them one month to many (the rent I paid at the beginning and the one last week, but I only have a month notice). I called them up to ask if I find someone to move earlier than those 4 weeks if I could get the rest of my rent+800 back and they said that it was not their fault that I changed my mind, about having my last month here, and they would not pay me back anything (only the 50 pounds deposit). It is stated nowhere in the contract, that I have to give them my notice on a specific day, only that I have a 30 Days notice. I knew that I might blew that one rent into the wind, but I won't accept two. Is there anything I can do?

Thank you in advance,

Freya

00ec25

you have a dispute with your Landlord over the terms of your contract

contractual disputes are best settled in court - send letter before action and then follow through by actually going to court

chappers

If you had to pay two months rent up front and then before the end of the first two months had to pay rent again then that and the £50 you paid will be classed as a deposit and as such has to be protected.
This is now further evidenced by the fact that they are refusing to pay you the extra rent you have paid.
Have they protected your deposit? If not then you can make a claim for up to 3 x the deposit.
If your rent period isn't mentioned specifically, then there are statutory ways to establish this usually based around when your rent is due and your notice should in due course coincide with this

Fosterdog

What exactly does your contract say?
How long is your tenancy for?
Any break clause? If so on what terms?

Most tenancy agreements witll be for either six months or twelve months and they may or may not have a break clause in them. As you have not been living there for six months yet there is a very high chance that you are still tied to your minimum term. Even with a six month minimum the earliest you can leave is January with your last rent for the six months due in November and the month you paid up front would cover you for December to January..

G_M

Either

* the extra money was rent to cover the last month, in which case you did not need to pay rent for that month again
or
* it was a deposit, and should a) have been protected and b) be returned (less justifiable deductions.

It cannot be both, and it cannot be neither.

Letter Before Action.

frey_fi

What exactly does your contract say?
How long is your tenancy for?
Any break clause? If so on what terms?

I attached my contract a bit further down!

* the extra money was rent to cover the last month, in which case you did not need to pay rent for that month again
or
* it was a deposit, and should a) have been protected and b) be returned (less justifiable deductions.

It cannot be both, and it cannot be neither.

Letter Before Action.

That is my thinking! It nowhere states in the contract that I have to give my notice before at a certain time, and they gave the money back to another roommate, without him giving a proper notice...

Here is the contract: dropbox.com/s/kkiqzvdb6e37z8r/Agreement.pdf?dl=0
I found out that I signed not a tenancy agreement but a licence to occupy land, that probably changes things?

Thank you all so much for your help!

Comms69

frey_fi wrote: »

Hi All!
Following problem:
I signed a contract with an Agency in July and I had to pay two month rent plus a deposit of 50 Pounds. The second rent is for my last month before I would move out ( they basically skipped to get a proper deposit and claiming it as rent. - not really, first and last month is perfectly acceptable. For me that was fine at that point. I found a good room (it is still a good room) The only thing which became horrible was the agency. They don't have the HMO licence - The agency don't need one, it's the LL that does ( i live with 4 other people), came into the flat announced, - that's fine, as you are only renting a room. insulted and mistreated us, especially me as I am someone who is not just simply accepting such things... I even got called a '!!!!!' by one of the employees. - So why did you not A: tell them to foxtrot Oscar, B: report them to the ombudsman ?
So I obviously want to move out. Rent is normally due on the 25th of the month, so I transferred them the money last week. During the weekend an opportunity came up which allows me to move asap. My contract states that I have a 30-Day written notice deadline, which I gave them yesterday. So basically now I have paid them one month to many (the rent I paid at the beginning and the one last week, but I only have a month notice). - typically this must be inline with tenancy periods, so your notice may be invalid. I called them up to ask if I find someone to move earlier than those 4 weeks if I could get the rest of my rent+800 back and they said that it was not their fault that I changed my mind, about having my last month here, and they would not pay me back anything (only the 50 pounds deposit). - they could well be correct. It is stated nowhere in the contract, that I have to give them my notice on a specific day, only that I have a 30 Days notice. - can you quote the exact term? I knew that I might blew that one rent into the wind, but I won't accept two. Is there anything I can do?

Thank you in advance,

Freya

Court, but I don't know your chances of winning tbh

Comms69

frey_fi wrote: »

I attached my contract a bit further down!


That is my thinking! It nowhere states in the contract that I have to give my notice before at a certain time, and they gave the money back to another roommate, without him giving a proper notice...

Here is the contract: dropbox.com/s/kkiqzvdb6e37z8r/Agreement.pdf?dl=0
I found out that I signed not a tenancy agreement but a licence to occupy land, that probably changes things?

Thank you all so much for your help!

Not unless your landlord was living in the same property.

chappers

frey_fi wrote: »

I found out that I signed not a tenancy agreement but a licence to occupy land, that probably changes things?

Thank you all so much for your help!

They can call it Derek Smith if they want, it's how it's performed that decides what sort of contract it is

saajan_12

frey_fi wrote: »

Hi All!
Following problem:
I signed a contract with an Agency in July and I had to pay two month rent plus a deposit of 50 Pounds. The second rent is for my last month before I would move out ( they basically skipped to get a proper deposit and claiming it as rent. - No, they got a deposit of £50 which should be protected. You also prepaid rent, which you had the opportunity to use as rent, nothing wrong with that. For me that was fine at that point. I found a good room (it is still a good room) The only thing which became horrible was the agency. They don't have the HMO licence ( i live with 4 other people)- the LL may not need one - depends on your council, how many households and how many floors. , came into the flat announced, -
in an HMO they're allowed to come into the flat. You're renting a room with access to the common areas, so the LL/agent must give notice before entering your room but anywhere else is fine.
insulted and mistreated us, especially me as I am someone who is not just simply accepting such things... I even got called a '!!!!!' by one of the employees. - this is rude, but irrelevant to the contract.
So I obviously want to move out. Rent is normally due on the 25th of the month, so I transferred them the money last week. During the weekend an opportunity came up which allows me to move asap. My contract states that I have a 30-Day written notice deadline, please quote the exact terms. Were you within a fixed term? If not was this a contractual periodic tenancy? If yes then what exactly did it saw around serving notice? If no then you're on a Statutory Periodic Tenancy and notice must align with tenancy periods which I gave them yesterday. So basically now I have paid them one month to many (the rent I paid at the beginning and the one last week, but I only have a month notice).- okay, you served notice and you paid the rent, not their fault yet. I called them up to ask if I find someone to move earlier than those 4 weeks if I could get the rest of my rent+800 back - note they don;t have to return the part month rent. and they said that it was not their fault that I changed my mind, about having my last month here, and they would not pay me back anything (only the 50 pounds deposit). If you have indeed served valid notice and paid rent beyond that, they must, if they don't then LBA and sue. It is stated nowhere in the contract, that I have to give them my notice on a specific day, only that I have a 30 Days notice. - as above, please quote exact terms as this is not standard I knew that I might blew that one rent into the wind, but I won't accept two. Is there anything I can do?

Thank you in advance,

Freya

Please quote the exact terms of your agreement around dates, notice periods, what happens after the fixed term if any. If your notice was indeed valid and you paid rent beyond that, then you're due a refund, which you can sue for if its not forthcoming.

frey_fi

What exactly does your contract say?
How long is your tenancy for?
Any break clause? If so on what terms?

Please quote the exact terms of your agreement around dates, notice periods, what happens after the fixed term if any. If your notice was indeed valid and you paid rent beyond that, then you're due a refund, which you can sue for if its not forthcoming.

ok, following i can quote from the contract regarding deposit/rent/notice:


-Initial Minimum Term of the tenancy will be: 2 month(s) (I moved in in July)

-Two payments of rent in advance are collected at the start of the tenancy. This means you
must then make each subsequent payment 1 month before the date when the rent will be
due. Finally, if the payment is not made before the second month starts or from the second
month, you are giving notice and consequently you have to leave your room and the
property from the day you have become liable. Eviction proceedings will take place 00:00h
on the day you become liable.

-ROOM DEPOSIT: 50[ (returnable, subject to conditions in contract) A License falls outside
of the Housing Act 2004 and therefore deposit are not required to be registered in a deposit
protection scheme.

-In the event of any payment being unpaid for more than 7 days after it is due (whether
legally demanded for or not) or there being a breach of any other of the Licensees
obligations under this Licence or in the event of the Licensee ceasing to reside at the
Property or in the event of the Licensees death this License shall there upon be terminated
absolutely but without prejudice to any of the Licensor's other rights and remedies in respect
of any outstanding obligations on the part of the Licensee.

-k) Either party may terminate this Licence by giving to the other written notice to that effect,
the length of such notice to be that stated in the termination section of this contract. Upon
the expiry of said notice this Licence shall end with no further liability for either party save for
liability for any antecedent breach.

-n) The 'Period' shall mean the period stated in the particulars above or any shorter or longer
period in the event of an earlier termination or an extension of the Licence respectivefy_

-The Licensee may end the Licence at the end of the Initial Minimum Rental Period by giving
one month WRITTEN notice to the Licensor to confirm ending of Licence, the Licensor will
need to confirm receipt of the Licensee's written notice. - they confirmed my notice

Not unless your landlord was living in the same property.

/ he is not

They did pay my flatmate back the rent he paid to much when he moved out!

Thank you everyone for all this help!!!!!