Moving & rent arrears advice please

janegresty

We are moving from our private rented house to another bigger better house. I have given my 4 weeks notice. Do I even need to give this notice? When we moved in over 1 year ago we signed a short hold tenancy agreement. After 6 months this was not renewed.
Last month I phone LL and asked how much rent arrears we owe. Was told approx £600. Our rent here is £395 a month but we have been paying £450 a month to pay back arrears.
I gave notice and spoke to receptionist who looked on account. We last paid rent on 2nd April (which means rents paid for until 2nd may right?)
She said we owe £582.77 so I have told her to keep our £400 deposit and will send her a cheque in post of £182.77
There accounting dept phoned today and have no said after keeping my £400 I will then still owe them £582.77
Can I get them to prove this?
Also because we are moving in 1 week and a half, do I have to pay that back before I move or can I offer him say £50 a month til paid off?

pickles110564

janegresty wrote: »

Can I get them to prove this?
Also because we are moving in 1 week and a half, do I have to pay that back before I move or can I offer him say £50 a month til paid off?

If you dont pay back any more debt they will take you to court but they will have to supply evidence to back it up.
If you make any small attempt to pay it back it would be hard for a court to make you pay more.

pinkshoes

If you didn't renew after the 6 month shorthold tenancy, it would automatically go onto a rolling tenancy.

Aren't you supposed to give 1 rent month's notice though, not just one month i.e. if you pay rent on the 2nd of the month, and you gave your notice AFTER 2nd April, then your notice period will start 2nd May, so you move out on the 2nd June.

This might be where the extra money is being calculated, so check which date they expect you to move out.

pickles110564

pinkshoes wrote: »

If you didn't renew after the 6 month shorthold tenancy, it would automatically go onto a rolling tenancy.

Aren't you supposed to give 1 rent month's notice though, not just one month i.e. if you pay rent on the 2nd of the month, and you gave your notice AFTER 2nd April, then your notice period will start 2nd May, so you move out on the 2nd June.

This might be where the extra money is being calculated, so check which date they expect you to move out.

Very good advice as always.:T

janegresty

LL said I had to give 4 weeks notice. So I should owe from 2nd to the 9th (as notice was given on the 9th) Is that correct?
But we always pay 1 month ahead don't we? With paying 1 month deposit and 1 month upfront when you move in?
Also does he have to accept £50 a month? He's mithering me to reinstate my direct debit... I'd rather send him cheques, so I know he can't just take my money out willy nilly.
We move in a week and a half and are paying 1 month up front and 1 month deposit tomorrow... which means rent that usually goes to this landlord for next month is going to new LL... so not much left in the pot for old LL.. hmmm...

janegresty

sorry LL did agree with us moving out on 9th of may x

pinkshoes

I would get a copy of your bank statements from the date you moved in, highlight all the rent you've paid, and work out exactly how much you believe you owe them.

Put all this in writing, with perhaps a copy of the bank statements (covering up sort code and account number!) showing rent paid, showing your calculation on how much you THINK you owe them, then ask them to do the same, showing how they've come to the conclusion that you owe more money.

It's much easier to deal with these issues in writing.

they may agree to you moving on on 9th may, but check they're not charging you until 2nd June.

janegresty

no hun i def checked and he explained rent up until the week ending 9th. i have printed out bank statements and i am confused as anything! because when we moved in there we were on benefits, so he got housing benefits. and we paid a tiny amount a week. then when we started work we paid full rent and almost immediately paid extra per month.
but its as if he is working it all out as if we have be paying montly rent for the month just gone... but how can that be?

moneysavinmonkey

janegresty wrote: »

We are moving from our private rented house to another bigger better house. I have given my 4 weeks notice. Do I even need to give this notice? When we moved in over 1 year ago we signed a short hold tenancy agreement. After 6 months this was not renewed.
Last month I phone LL and asked how much rent arrears we owe. Was told approx £600. Our rent here is £395 a month but we have been paying £450 a month to pay back arrears.
I gave notice and spoke to receptionist who looked on account. We last paid rent on 2nd April (which means rents paid for until 2nd may right?)
She said we owe £582.77 so I have told her to keep our £400 deposit and will send her a cheque in post of £182.77
There accounting dept phoned today and have no said after keeping my £400 I will then still owe them £582.77
Can I get them to prove this?
Also because we are moving in 1 week and a half, do I have to pay that back before I move or can I offer him say £50 a month til paid off?

sounds like you haven't quite gotten the facts straight in your head yet, as your explanation is really confusing to me. Are you letting direct through the landlord - just your mention a receptionist which makes me think you are letting through an agents.

Legally tenants on a rolling contract (ie after the fixed period ends) have to give one months notice coinciding with the rental period - so in practice this can be more than one month. If you pay rent on the 2nd of the month you would have needed to give notice before the 2nd april in order to leave by the 2nd may. If you gave notice after the 2nd april the earliest you could leave would be the 2nd June.

However - if you have agreed with your landlord to an earlier leaving date/notice period there is nothing to stop them from waiving your contractual obligation....Perhaps although the landlord has allowed this, they have not informed the letting agents staff of this who are holding you to the full notice period? Or perhaps they have had a change in heart? Did you get anything in writing.

The other option I thought of was that I'm vaguely aware that deposits can't be used to cover rent arrears?? Even if it could be you haven't moved out yet so the agents can't be sure of what deductions will be coming out of your deposit and how much remains to clear rent deficits so can't give you an accurate figure that you will still owe. It could even be that the £400 is held in a tenancy deposit scheme and can't be released yet etc. Not sure of this so hopefully someone else can clear up the rules please??

Finally just for my curiosity - why if you have rent arrears are you moving to a bigger/better house - I presume this would be more expensive??

chappers

was just going to say that your deposit is against delapidations to the house. I have in the past not paid my last months rent and just left but in theory your landlord could still take you to court either for the damage to the property or the unpaid rent.
Get onto the letting agent and ask for afull statement of your account to include every payment you have made to them. If it turns out that your arrears are correct and you leave your £400 your LL could say that there is £400 worth of damage and that you still owe the outstanding rent.

clutton_2

"So not much left in the pot for old LL.. hmmm..."" - hmmm indeed - you owe your LL rent - yet have funds to move ??? i'm glad you are not my tenant