Agents trying to charge me a month extra rent

derobe

I gave my 30 day notice on the 4th April.
the tenancy has been on a rolling AST (fixed term expired some time ago). I pay rent in advance (which i paid on the 5th), and I have received an email from these estate agents saying I need to pay another months rent for the end of my tenancy....

I pay it in advance so how can this be.

They are also threatening me to pay them a for a broken electrical socket, and if I don't pay them they will refuse to provide a positive reference - I told them I want to see an invoice from an electrician but they are invoicing their own details. Can the reference go through without this estate agent? 

Any help appreciated. 

derobe

The tenancy rolls from the 5th each month so I served notice in time - in fact just checked and I served it on the 3rd. 

theartfullodger

Tenants notice to be valid is to expire on 1st or last day of tenancy period - not necessarily lining up with rent payment day.

see
https://england.shelter.org.uk/professional_resources/legal/renting/how_a_tenant_can_end_a_tenancy/occupiers_notice_to_end_a_periodic_tenancy_or_licence

Did agent or landlord acknowledge your "notice" please?

saajan_12

derobe said:

I gave my 30 day notice on the 4th April.
the tenancy has been on a rolling AST (fixed term expired some time ago). I pay rent in advance (which i paid on the 5th), and I have received an email from these estate agents saying I need to pay another months rent for the end of my tenancy....

I pay it in advance so how can this be.

They are also threatening me to pay them a for a broken electrical socket, and if I don't pay them they will refuse to provide a positive reference - I told them I want to see an invoice from an electrician but they are invoicing their own details. Can the reference go through without this estate agent? 

Any help appreciated. 

What exactly does your last contract state about notice or what happens after the fixed term? rollling contracts come in 2 forms - 
- If the contract outlined the terms then its a Contractual Periodic Tenancy according to those terms. 
- If the contract was silent on what happened after a fixed term then it defaults to a Statutory Periodic Tenancy, with notice being 1 full tenancy period. Then notice served on 3rd / 4th April would expire on 4th May. 

So the first check is whether you're in the CPT case or SPT case. 

Re electrical socket, is that something that you or your co-tenants broke during the tenancy and ASKED them to fix or is it a damage at the end of the tenancy they'll fix later? If the former then ideally an amount would have been agreed, otherwise the normal route is deposit deductions which has a built in arbitration if the amount is unreasonable. 

Unfortunately a reference isn't mandatory at all (though they can't lie and provide a negative reference if its factually incorrect). So if you need it, then you might have to negotiate. Alternatively can a prior Landlord provide a reference - doesn't always have to be the most recent one. Or can you speak to your new landlord and explain? I no longer require them since they're easily faked and unreliable (a prior LL might write a glowing reference to get the tenant out, while a bad LL might refuse references for spurious reasons like this.)

derobe

Thanks for your comments.

Yes they did acknowledge my notice. They left it blank where it was supposed to say my agreed move out date, probably deliberately.

It must be the SPT case, here is all I can se in the contract about notice:

10.9.4. At the end of the initial fixed term as specified in clause 2 hereof, the Term shall continue on a month-by- month basis until either party shall serve on the other a written notice to bring the same to an end. Such notice, when served by the Landlord, should expire not less than two months after the same shall have been served on the Tenant. In the case of a notice served by the Tenant, such notice should expire no less than one month after service of the same on the Landlord.

Here's clause 2 below:

2. The Tenancy shall be from and including the 5th day of May 2023 (“the Commencement Date”) to and including the 4th day of May 2024 and thereafter from month to month and until terminated by either party serving a notice on the other in accordance with this Agreement (“the Expiration Date”), “the Term”.



I gave my one months notice in time, they are just chancing it? It's not a full months rent they're asking for but about £50 less or so...

Electrical Socket:

I asked them if they would fixed it as i broke the faceplate accidentally a few weeks ago, they are attempting to offer an extortionate bill for this and only saying I can transfer it to their bank and have not provided an electricians invoice. Obviously trying to secure money from me at this stage. I did not agree or refuse but just left it as knew I would likely be leaving soon, so thought the can just take it out of their deposit or I'll get it fixed myself privately( probably will do this option once I get a quote)

They have now threatened me with this saying they will not grant a favourable reference unless I pay them their extortionate bill for this. It has nothing to do with anything and they are just attempting to make my life difficult and I won't take being threatened lightly.

I have had positive references from all of my other landlords and would be glad to use them if possible, it's through goodlord which seems a bit of a computer says no system but we'll see if that's possible.

derobe

The agents have backed down regarding the reference and electrical fee that's been resolved.

Can anyone comment on me being correct in the rent as as far as I can see i do not owe anything 

saajan_12

Good to hear!
Yes I think you're right, that
* if you served notice on 3rd April to expire on 4th May, that satisfies the one month clause below so your tenancy ends on 4th May; and 
* if you paid rent on 5th April to cover 5th Apr -> 4th May, that covers upto the end of the tenancy. 
Then you don't owe any further rent. 

derobe said:

10.9.4. At the end of the initial fixed term as specified in clause 2 hereof, the Term shall continue on a month-by- month basis until either party shall serve on the other a written notice to bring the same to an end. Such notice, when served by the Landlord, should expire not less than two months after the same shall have been served on the Tenant. In the case of a notice served by the Tenant, such notice should expire no less than one month after service of the same on the Landlord.

What are they basing the additional months rent on? The next rent payment would be 5th May anyway, so why argue it now? Perhaps just leave it and once you leave, sort it out through the deposit scheme if the agent still doesn't play ball. With proof of your contract and notice served, they should agree with you