Do i have to give my landlord a forwarding address?

General_Grant

Comms69 wrote: »

Incorrect, a landlord cannot collect rent twice for the same property

Evidence for this statement?

sv722

G_M wrote: »

1) what type of tenancy agreement was it? Was it in your sole name,or 'joint and several' with all the flatmates' on the same contract?

2) was the TA in a fixed term? Dates please. Or was it periodic? Exact period dates please.

3) exactly when (exact date) and how did you serve notice? What exact date did your notice give for expiry?

The reason for the questions is that the LL may well have grounds to make deductions from your deposit, depending on your answers.

1)It was a joint tenancy between 3 people (myself included)

2) The fixed term ran from 22nd April 2017 to 21 April 2018. I moved in on 31 March 2018 and signed by way of addendum as i replaced a tenant who had signed the original contract. After the 21 April 2018, it became a statutory periodic tenancy (a rolling tenancy). What is a TA?

3) I served notice on June 21st and sent it by Special delivery to arrive on the 22nd June but it was a missed delivery as nobody was in at my landlord's address to sign for the letter. I gave the 21st July as my notice expiry date. I paid rent from the 21st July to the 31st July when i moved out and so i am owed this money back as a new tenant moved in on the 1st August.

Comms69

General_Grant wrote: »

Evidence for this statement?

Google it

G_M

sv722 wrote: »

1)It was a joint tenancy between 3 people (myself included)

2) The fixed term ran from 22nd April 2017 to 21 April 2018. I moved in on 31 March 2018 and signed by way of addendum as i replaced a tenant who had signed the original contract.
Not sure what an 'addendum' is.

Replacing one tenant on a Tenancy Agreement (TA) with another, should ideally be done by Executing a Deed of Assignment. Courts might consider a written agreement as valid provided all existing tenants+ new tenant(s) + landlord had signed- or they might not.

After the 21 April 2018, it became a statutory periodic tenancy (a rolling tenancy).
So tenancy periods run from 22nd to 21st each month.

What is a TA? Tenancy Agreement

3) I served notice on June 21st and sent it by Special delivery to arrive on the 22nd June but it was a missed delivery as nobody was in at my landlord's address to sign for the letter.

Read your tenancy agreement. Does it specify how notice is to be served? If yes, was 'Special Delivery' specified?

If the TA does not specify, using 1st class post is safer - the law deems 1st class post as 'served' one working day after posting.
There are many court cases regarding the validity of Special Delivery which has not been accepted/signed for - it's a complex and uncertain legal position. But many courts/judges will take the view that since (if?) Royal Mail left a leaflet/card advising the landlord to collect the letter, then it was 'served'. The LL made a choice not to collect the letter.
Having said that, if the landlord's address is shared (eg he lives in a flat where mail is delivered to the building's front door, not to his flat's front door), there is case law saying that the letter was not dlievered to him and notice was not served............

I gave the 21st July as my notice expiry date.
21 june to 21st July includes a full tenancy period - your notice was valid, subject to my comments above. Assuming that, the tenancy ended on 21st July.

HOWEVER. Note that your notice ended the tenancy - not just your 'part' of it. It is a joint and several tenancy involving 3 joint tenants, ALL or whom should have moved out on 21st July. Your notice legally ended the tenancy for all joint tenants.

Failure by all 3 joint tenants to move out on the specified end date (31st July) could result in the LL claiming double rent for the entire rent for the tenancy - not just 'your' share of the rent Distress For Rent Act 1737 S18

I paid rent from the 21st July to the 31st July when i moved out and so i am owed this money back as a new tenant moved in on the 1st August.

1) Why did you pay this?
2) what date does the TA state rent is due?
3) what happened on 21st/22nd July?
a) did the other tenants also move out? If not, has the LL complained or claimed double rent?

b) was your name on the TA Assigned by Deed (see above) to a new tenant? (or was there an 'addendum' whatever that is....)? What were the terms?

I suspect that rather than the LL owing you rent for the period 21st July to 31st July, he could be demanding double rent - not just for 'your share' of the rent but for the entire rent.

Fortunately, the LL has mitigated his costs by accepting a new joint tenant from 1st aug (though I wonder on what legal basis....), thus limiting what you might owe.

sv722

G_M wrote: »

1) Why did you pay this?
2) what date does the TA state rent is due?
3) what happened on 21st/22nd July?
a) did the other tenants also move out? If not, has the LL complained or claimed double rent?

b) was your name on the TA Assigned by Deed (see above) to a new tenant? (or was there an 'addendum' whatever that is....)? What were the terms?

I suspect that rather than the LL owing you rent for the period 21st July to 31st July, he could be demanding double rent - not just for 'your share' of the rent but for the entire rent.

Fortunately, the LL has mitigated his costs by accepting a new joint tenant from 1st aug (though I wonder on what legal basis....), thus limiting what you might owe.

1) Pay what, the rent? Well i was still in the property from the 21st onwards. The addendum was simply an addition to the original contract with my name and the name of another flatmate who also replaced one of the original tenants. It had all the same Ts & Cs as the original contract. The LL has not claimed double rent. The rent normally comes out on the 22nd of every month.

2)The other tenants did not move out, they simply stayed in the property and the new tenant had his details processed and he moved in from the 1st August.

3) Can you point me to written evidence that says i have to provide a forwarding address? I've been told on this forum that it is not necessary but my landlord still requests it for utility bills. I don't think this is right as we simply rented the property and we sorted out the utility bills amongst ourselves.

need_an_answer

Why are you so against providing a forwarding address?

sv722

need_an_answer wrote: »

Why are you so against providing a forwarding address?

My LL is abusive and greedy and quite frankly i don't want them finding out my address so that they can harass me for money. I had to speak to Shelter just to find out that i can hand in my notice and leave as they weren't being clear on this.

We sorted out the bills between my flatmates and i paid all my rent on time and i'm not in arrears so they have no right to be keeping tabs on me.

Comms69

sv722 wrote: »

My LL is abusive and greedy and quite frankly i don't want them finding out my address so that they can harass me for money. I had to speak to Shelter just to find out that i can hand in my notice and leave as they weren't being clear on this.

We sorted out the bills between my flatmates and i paid all my rent on time and i'm not in arrears so they have no right to be keeping tabs on me.

Shelter were either incorrect or you didn't explain the situation

G_M

sv722 wrote: »

1) Pay what, the rent? Well i was still in the property from the 21st onwards.

and yet you said: "I gave the 21st July as my notice expiry date.". I therefore assumed you left on the 21st as per your notice and could not understand why you paid rent on that date.

You are also saying you want to re-claim rent for this period, which makes no sense if you are now saying you were 'still in the property'.
Your explanations appear to change with each post.



The addendum was simply an addition to the original contract with my name and the name of another flatmate who also replaced one of the original tenants.

was it signed by ALL the existing joint tenants, those leaving, those staying, those arriving/replacing, AND the landlord (or his agent)?
If not, I doubt a judge would accept it as a legal assignmnt.

In which case you never became a tenant.
In which case you never had any obligation to pay rent (unless, as a lodger, you made some arrangement to pay the actual tenants who were your real landlords.....)



It had all the same Ts & Cs as the original contract. The LL has not claimed double rent. The rent normally comes out on the 22nd of every month.

2)The other tenants did not move out, they simply stayed in the property and the new tenant had his details processed and he moved in from the 1st August.
As with yourself, the only way the new arrival could become a joint tenant would be via a proper Assignment agreed between ALL the parties to the tenancy. Ideally a deed, but as a minimum by a written agreement signed by everyone.
Failing this, the newcomer is a lodger an the original tenants (including any who depart) remain the joint tenants.


3) Can you point me to written evidence that says i have to provide a forwarding address?

I have never claimed you need to do this.

I've been told on this forum that it is not necessary but my landlord still requests it for utility bills.

who is responsible for utility bills? Who's name(s) is on the accounts?
If the tenants are responsible, it is not a matter of relevance to the LL.

I don't think this is right as we simply rented the property and we sorted out the utility bills amongst ourselves.

well there you are then.

sv722

G_M wrote: »

well there you are then.

1) I did not leave on the 21st July because my landlords did not confirm that they'd received my notice and i did not want to leave myself in a position where i'd be liable for double the rent. I did leave however on the 31st July as they requested. Does this mean that i won't get any of the money back from the 21st to the 31st as the LLs found someone new who moved in on the 1st August?

2) To the best of my knowledge , the new tenant signed a new agreement with the remaining ones... When i joined, all the new joint tenants (myself included) signed the addendum and so we were liable to the landlords for rent.

3) Do i have to provide my LL with a forwarding address? Yes or No?

Furthermore is there a written statement that i can quote as proof to my LL for them to release my money?
Utility bills were in the tenant's names and nothing to do with the LL so i don't know why it is any of their concern and why they're insisting i provide an address. I'm currently staying at a friend's so it would not be practical to give that address out.