Terminated rental contract before lockdown - agent saying I may need to continue

rr88

I terminated my contract with my letting agent on 23rd March. Well I actually sent the original email on the 21st, but the agent is closed at the weekends.

The agent replied on Monday 23rd to confirm that my last day of the tenancy would be 30th April (I'd originally said about it being the 23rd April but I'd got the dates wrong)

Now however, she's saying that, government guidelines are that all move outs should be put on hold until the lockdown is over and that I may need to continue paying rent until the lockdown is lifted.

I've basically told her that I've given my notice as per my contract and that the final rental payment I sent over the other day will be my last.

Aswell as that, I gave my notice several hours before the government even issued the lockdown and also moved all my stuff out and moved back in with my parents. I also have said that I can send the keys over by recorded delivery.

Am I right in thinking that they don't have a leg to stand on and are simply trying to cover their cashflow during the lockdown seeing as they won't be able to get anyone new in there?

I'm a little worried they may try and deduct from my deposit in an attempt to get back at me

bigmortgage

Tell your agent it's nonsense.

While it is true government guidelines are stay put, that doesn't override any contracts you have. In fact if you are for example exercising a break clause and you don't move out by the agreed date, you will be stuck for a further lengthy period (usually 6 months).

If you feel you can still give up the property on the agreed date, then the agent or the landlord have no right to tell you otherwise. The fact government guideline don't allow the agents to inspect the property on departure is firmly their problem not yours.

I can understand their concern as they do not know how long the property will now be vacant and therefore not earning them any money.

rr88

bigmortgage said:

Tell your agent it's nonsense.

While it is true government guidelines are stay put, that doesn't override any contracts you have. In fact if you are for example exercising a break clause and you don't move out by the agreed date, you will be stuck for a further lengthy period (usually 6 months).

If you feel you can still give up the property on the agreed date, then the agent or the landlord have no right to tell you otherwise. The fact government guideline don't allow the agents to inspect the property on departure is firmly their problem not yours.

I can understand their concern as they do not know how long the property will now be vacant and therefore not earning them any money.

Great thanks, I had a feeling it would be something along those lines!

It really does blow my mind some of the tricks these letting agents try and pull, I've no idea how so many of them get away with it.

[Deleted User]

Does your tenancy agreement say that email is an acceptable medium to serve notice?

davidmcn

Lover_of_Lycra said:

Does your tenancy agreement say that email is an acceptable medium to serve notice?

If the agency wanted to claim that the notice wasn't effective then they should have ignored it rather than reply to it.

bigmortgage

Lover_of_Lycra said:

Does your tenancy agreement say that email is an acceptable medium to serve notice?

Irrelevant.

rr88 said:

The agent replied on Monday 23rd to confirm that my last day of the tenancy would be 30th April

LoveSauce

You ARE allowed to move. They just want to keep you in the property because they know it will be hard to get a new tenant in this climate.

recent goverment announcement: "Several new activities which are permitted have been added to a list outlined by the PM, including moving house, fulfilling legal obligations and to escape injury, illness or the risk of harm."

bbc.co.uk/news/uk-52053527

Jumblebumble

rr88 said:

I terminated my contract with my letting agent on 23rd March. Well I actually sent the original email on the 21st, but the agent is closed at the weekends.

The agent replied on Monday 23rd to confirm that my last day of the tenancy would be 30th April (I'd originally said about it being the 23rd April but I'd got the dates wrong)

Now however, she's saying that, government guidelines are that all move outs should be put on hold until the lockdown is over and that I may need to continue paying rent until the lockdown is lifted.

I've basically told her that I've given my notice as per my contract and that the final rental payment I sent over the other day will be my last.

Aswell as that, I gave my notice several hours before the government even issued the lockdown and also moved all my stuff out and moved back in with my parents. I also have said that I can send the keys over by recorded delivery.

Am I right in thinking that they don't have a leg to stand on and are simply trying to cover their cashflow during the lockdown seeing as they won't be able to get anyone new in there?

I'm a little worried they may try and deduct from my deposit in an attempt to get back at me

In my view the agent is committing the criminal offence of attempting to  obtaining pecuniary advantage by deception
Have they put this made up idiocy  in writing ?

JayRitchie

Jumblebumble said:

In my view the agent is committing the criminal offence of attempting to  obtaining pecuniary advantage by deception
Have they put this made up idiocy  in writing ?

My thoughts too. They put it in an email so have provided evidence. Might be worth checking if they are members of any trade associations?

PasturesNew

You gave notice, they accepted.  The Govt advice is not for everybody, but most.  
The issues are around services.  e.g. if it needed professional cleaning you'd only be able to get one to come in after you'd moved your stuff out... and there'd be fewer available.  Removals are mostly not working, but if you can do it yourself ... do it.  You have to get the key to the agent, not  a problem, I'm sure somebody's going to their closed office to collect mail and they'll be expecting the key. 

There is no reason for them to blanket-refuse your leaving.  You might just need to think a couple of things through a bit more carefully... as you need to avoid using people services where possible ... and get your stuff out and through roadblocks asking "where are you going?"

Pondskater

PasturesNew said:

....You might just need to think a couple of things through a bit more carefully... as you need to avoid using people services where possible ... and get your stuff out and through roadblocks asking "where are you going?"

Op said she had moved all her stuff out already though.