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Tenancy Completed - Stay Extra Week

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  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    dranzer01 said:
    The agency should be contacting my cousin directly through email, letters and alike not the landlord.
    Why do you think this?
    The agent is just that - someone who works on behalf of the LL. This doesn't mean that the LL can't communicate directly with the tenant if they wish.
  • TripleH
    TripleH Posts: 3,188 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    The agents are merely that, agents of the landlord. Your cousin had a contract with the landlord not the agents (usually landlord leaves the agents to do the work). The landlord can contact your cousin, that is fine. The issue is why are they?
    Does your cousin have a breakdown for where this figure came from?
    Have they got their deposit back?

    May you find your sister soon Helli.
    Sleep well.
  • saajan_12
    saajan_12 Posts: 5,086 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    dranzer01 said:
    My cousin told me that the landlord is now contacting them as they have rent outstanding around £1,500. Is this allowed? 
    The place was let through an agency, so why is the landlord whatsapping and calling my cousin directly...? There is even wording around of 'are you going to take the !!!!!!' via whatsapp message, which I highly take is not professional in the slightest and could be grounds for harassment. The agency should be contacting my cousin directly through email, letters and alike not the landlord.

    I look forward to clarifications on this.
    Re the £1,500 claim,
    - when did cousin leave (including removing all possessions, cleaning and returning keys)?
    - when did cousin serve notice or agree to leave by?
    - what date was rent paid upto?

    Re how the messages are sent,
    - cousin has a contract with the LL, and the agent is just someone who works for the LL. The LL has every right to contact their tenant. Its like the manager / owner at the shop speaking to you.. they might employ people to man tills, but handle some enquiries themselves. 
    - harrassment is a very high standard, a few angry messages when one party feels aggrieved is likely not harrassment. 
    - Suggest just discussing whats actually owed and sorting that out rather than escalating matters by complaining about this. 
  • Alternatively, if they feel nothing is owed and they could prove in court that they paid right up until move-out date, block the number and move on with your life.
  • TripleH
    TripleH Posts: 3,188 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Alternatively, if they feel nothing is owed and they could prove in court that they paid right up until move-out date, block the number and move on with your life.
    Useful only if a forwarding address is known. The last thing needed is for it to go to court but the papers don't reach the Op's cousin and they end up wasting time unravelling the mess
    May you find your sister soon Helli.
    Sleep well.
  • Wicked_Lady
    Wicked_Lady Posts: 630 Forumite
    Eighth Anniversary 500 Posts Name Dropper Combo Breaker
    So, when did your cousin finally vacate the property?
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
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    edited 24 March 2022 at 7:56PM
    Tenant's contract is with the landlord, not the agent, so of course the LL can contact his tenant.
    Sounds like an impolite and not highly professional communication, but that's not the same as harassment.
    The key question here is whether this claimed arrears amount of £1500 is valid or not. That can only be determined by looking at
    a)  the total rent due over the course of the tenancy and
    b) the total rent paid over the course of the tenancy
    but it's also relevant to look at when/how the tenancy ended and whether for example
    c) double rent was due following notice by the tenant and subsequent failure to vacate
    d) the tenancy became periodic (monthly rolling) where the tenant did not vacate at the end of the fixed term, and if so whether the tenant then
    e) served proper notice to end the periodic tenancy AND
    f) paid for a full period (month) not just a week (tenancy periods are not divisible other than by agreement).
    The deposit situation has not been explained, but that does not affect whether valid arrears exist or not.
    When all the circumstances have been considered, the arrears claim might, or might not, be valid But it is certainly valid for the landlord to directly request his (ex) tenant pay for any arrears.


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