Letting agent issue - help needed please

Annie021063

G_M wrote: »

Sounds like a clear agreement to end the tenancy on 25th April.


When did you last pay rent and what period did that rent payment cover?

Last paid rent on the 16th April (a full month) and she said with the deposit 20 days of rent will be given back

G_M

Annie021063 wrote: »

.......It then goes on to talk about ......and making sure the standing order to the landlord has been cancelled other wise they will
Charge if they have to refund money.

since she has paid rent covering the period 16th April - 15th May (I assume), there may be a charge for refunding the rent.


Or there may be an argument over it since the LL seems to want to delay the tenancy end date. Sadly the old adage "possession is 9/10th of the law" is all too real: since rent has been over-paid, the onus is on you to re-claim it, whereas if you'd just paid till the 25th April, it would be the LL trying to get more money from you.


Does not affect the legality of the situation - just the practicality.......

Annie021063

G_M wrote: »

since she has paid rent covering the period 16th April - 15th May (I assume), there may be a charge for refunding the rent.


Or there may be an argument over it since the LL seems to want to delay the tenancy end date. Sadly the old adage "possession is 9/10th of the law" is all too real: since rent has been over-paid, the onus is on you to re-claim it, whereas if you'd just paid till the 25th April, it would be the LL trying to get more money from you.


Does not affect the legality of the situation - just the practicality.......

Yes, it was the letting agent who decided on that route as they only asked on the 3rd April if she would change the date. Thank you for your advice - I will pass it in to my daughter

Annie021063

G_M wrote: »

since she has paid rent covering the period 16th April - 15th May (I assume), there may be a charge for refunding the rent.


Or there may be an argument over it since the LL seems to want to delay the tenancy end date. Sadly the old adage "possession is 9/10th of the law" is all too real: since rent has been over-paid, the onus is on you to re-claim it, whereas if you'd just paid till the 25th April, it would be the LL trying to get more money from you.


Does not affect the legality of the situation - just the practicality.......

Are you then saying that the letting agent is acting out of normal legal realms here?

Annie021063

fishpond wrote: »

It was agreed in writing?
Have they spoken to the LL about this?

Do you suggest she tries to contact the landlord?

G_M

Annie021063 wrote: »

Are you then saying that the letting agent is acting out of normal legal realms here?

As I said:

Sounds like a clear agreement to end the tenancy on 25th April.

But where there is disageement ie you believe an Early Surrender was agreed whereas the landlord/agent perhaps claims the original tenancy end date stands, then clearly the party holding the money has an advantage.


In this case, you've paid rent in advance, the LL holds our money, so you have to get it back.


If you had not paid rent in advance, the LL would be the one trying to get (more) money out of you.

da_rule

Annie021063 wrote: »

Do you suggest she tries to contact the landlord?

Not really really relevant. The agent is, as the name suggests, acting as an agent of the landlord therefore basic rules of agency apply.

If the agent is acting outside of their powers/without the agreement of their instructing party then that is a matter for them to resolve. The OPs daughter is entitled to rely on any representations made by the agent as if they had been made by the landlord.

Annie021063

Update: letting agent may have new tenants they can move in next week but if not they won’t budge from the original date of the 16th May as they say it’s in the contract for my daughter to give 2 months notice even though they were doing the agent/ LL a favour by moving earlier. We all feel they are being royally screwed here and really don’t know how else to approach it.

G_M

Annie021063 wrote: »

Update: letting agent may have new tenants they can move in next week but if not they won’t budge from the original date of the 16th May as they say it’s in the contract for my daughter to give 2 months notice even though they were doing the agent/ LL a favour by moving earlier. We all feel they are being royally screwed here and really don’t know how else to approach it.

Simply quote back to them what they agreed in their letter:


“We write to confirm that you will be vacating the property on the 25th April 2019 and that the Inventory check out has been arranged for 9am on the 26th April 2019.”


They have clearly agreed, as the LL's agents, toan early Surrender on 25th April.


If they now wish to change this, they will need your agreement.