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

2

Comments

  • I'm in a similar position I.e. given over a months notice and because of work commitments partial move back to my parents. The difference is that unfortunately I still have some furniture in the rental property that I was hoping to remove way before 30th April. Contacted Agent who has indicated that I will have to keep paying rent. Is this right?
  • molerat
    molerat Posts: 35,965 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you have given the correct notice and have moved out before the end of that notice and returned the keys to the landlord / agent then it is their problem.
  • LoveSauce
    LoveSauce Posts: 58 Forumite
    10 Posts
    edited 27 March 2020 at 6:56PM
    I'm in a similar position I.e. given over a months notice and because of work commitments partial move back to my parents. The difference is that unfortunately I still have some furniture in the rental property that I was hoping to remove way before 30th April. Contacted Agent who has indicated that I will have to keep paying rent. Is this right?

    you can keep your furniture up until the last day you pay rent...
    if your furniture is still there after the date that you would normally pay rent,  then you still live there..
    you pay your rent every 19th, you give 30 day head-up, you remove everything april 19th. If your belongings are still there then you will pay..
    not complicated
  • rr88
    rr88 Posts: 18 Forumite
    10 Posts
    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 ?

    Yep they sent it to me in an email, I suppose if they don't give me my full deposit back then I can threaten to use that as evidence 
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    edited 1 April 2020 at 9:46AM
    rr88 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 ?

    Yep they sent it to me in an email, I suppose if they don't give me my full deposit back then I can threaten to use that as evidence 
    Not sure what you mean? 
    They cannot hold you to rent after the termination date as you properly served notice. You would dispute any attempt to withhold deposit via the scheme. Is your deposit protected?
    If they withhold you damage deposit owing to damage, then your evidence would have to relate to the particular allegation i.e. item was damaged when you moved in
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    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
    The lockdown has zero effect on your notice. 

    Just a point of note - letting agents dont understand tenancy laws, I wouldnt give much credence to their understanding of the legislation (which is categorically NOT a lockdown) passed last week....
  • Arklight
    Arklight Posts: 3,184 Forumite
    Tenth Anniversary 1,000 Posts
    It's funny how this LA's only interpretation of the government advice is that your legal contract has no basis and you therefore have to continue paying him / her rent forever. 

    They really are snakes. This has to be the most horrible country to be a tenant.
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Move out on or before the date your notice expires.
    Make sure you return the keys.
    Write immediately requesting the return of your deposit.
    If it is witheld on grounds of rent (ie they claim your tenancy continues) immediately make a claim for arbitartion by the deposit scheme (deposit IS protected in a schem,yes?).
    Simple.
  • rr88
    rr88 Posts: 18 Forumite
    10 Posts
    Move out on or before the date your notice expires.
    Make sure you return the keys.
    Write immediately requesting the return of your deposit.
    If it is witheld on grounds of rent (ie they claim your tenancy continues) immediately make a claim for arbitartion by the deposit scheme (deposit IS protected in a schem,yes?).
    Simple.
    It is meant to be protected, but I don't recall receiving any emails about it so will look into it! It really wouldn't surprise me if they just hadn't bothered to protect it, much like every other letting agent I've had
  • lisyloo
    lisyloo Posts: 30,113 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 2 April 2020 at 2:41PM
    If you still have the keys and you can walk there as part of your daily exercise, then I’d go and take a number of photos of everything, just in case they claim it’s broken, dirty etc.
    the way it should work is your deposit should be protected, if the landlord wants to claim then you get the opportunity to dispute via a 3rd party where you can provide pictures etc.
    if you can take a selfie at the property with a newspaper with the date on then that would prove the pictures could not have been taken earlier than that date.
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