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Ex Landlord demanding final settlement

LEK
LEK Posts: 83 Forumite
edited 19 April 2017 at 5:48AM in House buying, renting & selling
Good morning,

Just a few hours ago I received a very surprising text message from my ex landlord with regards to demanding a final settlement bill to be paid for a property we've just moved out of.

Just an insight into this scenario, myself and my partner moved in towards the middle of November last year, and signed a 6 month private tenancy agreement that started as of the 1st December (I paid him a little extra as instructed by him in order to move in on the earlier date) and to last until 1st June of this year. In the meantime we have been had on our local housing association list to get a more, affordable rented council property eventually.

Fast forward to the end of Feb of this year, we gave him written as well as verbal notice to end the tenancy early as we had been approved a new property through the housing association. On my end of tenancy letter that I presented to him, I specifically instructed him to inform us what a final settlement bill would come to based on the date from when we would moved out of the property - on paper this was dated the 25th March, to which we managed to carry out successfully.

However, between the time of us giving him notice in late Feb, moving out in late March & right up until now - he has failed to come back to me with regards to a final settlement bill and over text message last night is rudely asking for this money to be paid, despite his lack of detail.

This also comes very conveniently that his date to respond with regards to the refund of our deposit via the TDS people is also due today.

Throughout this time period I have liaised with him over the phone on three separate occasions since giving notice, but not on one of the occasions has he ever brought up the following I am writing about today and it's only been about arranging new tenants to come and view the property, meter readings from suppliers & arranging to hand keys in etc. - all of which was met to his satisfactory and he even informed me when I last saw him face to face that he was happy with the property, had a courtesy email from the TDS people with regards to my deposit refund and would sort it out (which he hasn't done either). Additionally, I have been reliably informed that one of the new tenant viewings was successful and as a result has since moved into the property.

I feel that all of this is likely because the refund of the deposit is due and I reckon he's trying to withhold it from us for what ever reason. Just one final note, we always paid the rent on time to him and our final payment before moving out in late March was made to him at the 1st Match (which would bring us up to date anyway with rent and technically I overpaid him as we moved out on the 25th). Quite frankly though I am disgusted and insulted by his behaviour with what has arisen.

If I could have some insight and advice into this, I would greatly appreciate it.

Many thanks - Liam.
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  • anselld
    anselld Posts: 8,249
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    You have not stated the terms of your tenancy agreement and the basis for giving notice in Feb. If you were part way through a fixed term contract then there is no requirement for the L to give you a settlement figure since you are liable to the end of the fixed term.

    So we cannot really advise without knowing the contract.

    If it is true that he has re-let the property then he cannot charge you for rent whilst the property is let to someone else, however all other early surrender terms are negotiable.
  • LEK
    LEK Posts: 83 Forumite
    anselld wrote: »
    You have not stated the terms of your tenancy agreement and the basis for giving notice in Feb. If you were part way through a fixed term contract then there is no requirement for the L to give you a settlement figure since you are liable to the end of the fixed term.

    So we cannot really advise without knowing the contract.

    If it is true that he has re-let the property then he cannot charge you for rent whilst the property is let to someone else, however all other early surrender terms are negotiable.

    Thanks for your quick response.

    I'm having a check over of the tenancy agreement now, which is a factory standard template one that is linked to the Department for Communities and Local Government "Assured Shorthold Tenancy Agreement" that he has printed & filled out part of the required fields himself (a good chunk of the requirement fields, he has failed to fill out himself). However and this goes for the same as to when we moved out, checking over then & now - I cannot find any particular detail in there with regards to us, the tenants moving out early and what would be owed in the event of - it details in full how to go around giving the landlord notice, and the timing procedure with giving notice to which we followed accordingly.

    The only detail that is noted in particular is with regards to the landlord himself ending the tenancy early and the like etc.

    I understand this may seen vague, but I will triple check this again tonight when I have more time. I've also now got proof that a new tenant moved in as well, which relates to it being around the start of this month.

    Many thanks - Liam.
  • AdrianC
    AdrianC Posts: 42,189
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    It sounds as if you have a six-month fixed term AST.

    If that is the case, then, no, you cannot unilaterally give notice and terminate the tenancy before 1st June. You were contractually bound to pay your rent until 1st June, and the landlord can take any unpaid rent from the deposit. If there is still a shortfall - or any damage - then they can claim from you in court. They would win. If you still do not pay, you will face a CCJ.

    If a new tenant has moved in, then that is tacit proof of the landlord accepting your notice - so your liability ends on the date they moved in, unless the landlord did work in the property between the two. He would have been unable to gain access legally to do that work, so the work would have been proof of your tenancy having ended.
  • silvercar
    silvercar Posts: 46,829
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    ...and signed a 6 month private tenancy agreement that started as of the 1st December (I paid him a little extra as instructed by him in order to move in on the earlier date) and to last until 1st June of this year....
    I cannot find any particular detail in there with regards to us, the tenants moving out early and what would be owed in the event of

    There wouldn't be. You signed for a 6 month tenancy, that means that you agreed to pay rent for the whole term.
    .... I've also now got proof that a new tenant moved in as well, which relates to it being around the start of this month....

    Luckily for you the landlord did this. So now this means you are only liable for rent until the new tenant started their tenancy.
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  • LEK
    LEK Posts: 83 Forumite
    edited 19 April 2017 at 7:26AM
    Thanks for the advise all,

    Just reiterate again that when we moved out of the property on the 25th March, I had paid myself a full month right up until the end of that month. The landlord also got his keys back at the end of that following day.

    Therefore at best I would say that the property was empty for only a handful of days after we left (and as mentioned, the rent had been paid up until the 31st March), also up until the point of us moving out it looked like he two new potential tenants lined up going by the successful viewings that were carried out while we were still living there.

    With regards to moving forward with this, if he still decides to pursue things further with obtaining more money from me - how would I go about defending myself & the evidence that new tenants have since moved in? Also does he still even hold the right to take back my deposit in the event that he doesn't pursue me for anymore money? Just for the record, I informed the TDS people on the 27th March that we had now moved out and that got the ball rolling for him to respond to my bond refund request - which he has failed to do still, and his response to them is required by today.

    Many thanks - Liam.
  • pinkshoes
    pinkshoes Posts: 20,020
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    LEK wrote: »
    Thanks for the advise all,

    Just reiterate again that when we moved out of the property on the 25th March, I had paid myself a full month right up until the end of that month. The landlord also got his keys back at the end of that following day.

    Therefore at best I would say that the property was empty for only a handful of days after we left (and as mentioned, the rent had been paid up until the 31st March), also up until the point of us moving out it looked like he two new potential tenants lined up going by the successful viewings that were carried out while we were still living there.

    With regards to moving forward with this, if he still decides to pursue things further with obtaining more money from me - how would I go about defending myself & the evidence that new tenants have since moved in? Also does he still even hold the right to take back my deposit in the event that he doesn't pursue me for anymore money? Just for the record, I informed the TDS people on the 27th March that we had now moved out and that got the ball rolling for him to respond to my bond refund request - which he has failed to do still, and his response to them is required by today.

    Many thanks - Liam.


    If the LL agreed that you could move out early, then that is slightly different.

    Do you have this agreement in writing?

    Even so, you will be liable for the landlord's re-advertising and re-letting costs, plus any vacant days before the new tenants moved in.

    I would find out WHEN the new tenants moved in (go ask them!) then you need to agree an amount to be deducted from your deposit to cover all the above.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • anselld
    anselld Posts: 8,249
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    LEK wrote: »
    Just reiterate again that when we moved out of the property on the 25th March, I had paid myself a full month right up until the end of that month. The landlord also got his keys back at the end of that following day.

    You are "reiterating" as if you feel you have done right, whereas in practice you are in breach of you agreement by leaving several months early.

    You are fortunate that the L has mitigated his loss by finding new tenants so quickly. However you are still liable for any residual loss, i.e. the costs or re-advertising, agents fee, admin etc associated with setting up the new tenancy.

    I would suggest you start negotiating with the L rather than being defensive about your actions.
  • LEK
    LEK Posts: 83 Forumite
    anselld wrote: »
    You are "reiterating" as if you feel you have done right, whereas in practice you are in breach of you agreement by leaving several months early.

    You are fortunate that the L has mitigated his loss by finding new tenants so quickly. However you are still liable for any residual loss, i.e. the costs or re-advertising, agents fee, admin etc associated with setting up the new tenancy.

    I would suggest you start negotiating with the L rather than being defensive about your actions.

    I feel I have the right to be "defensive" as you may refer to it as, this is in the event that he is trying to pull the wool over my eyes and do my over for more money that could potentially may not be owed to him.

    With regards to re-advertising of the property, this was solely carried out via a local newspaper as a private renting advert - just like how it was when we originally found the property for rent months ago. We weren't through an agency and he's not gone through an agency this time around either. He even asked me when I first gave him notice to do him a favour to spread the word about him looking to re-advertise the property so he can secure new tenants in good time.

    I will indeed start negotiating with him in a way that is viable, but I'm not prepared for him to try and pull a fast one over on myself. There again let's hope he does start to communicate properly as he's failed to do so in relation to my TDS refund claim that he has still failed to respond to.

    Pinkshoes - After giving him detailed written notice followed by a courtesy phone call, he has in no way liaised with me further since then officially in writing. The only communication I've had with him since giving notice / moving out in answering his three phone calls regarding returning keys back to which he agreed to, and also queries relating to the energy suppliers & meter readings for the address.

    Liam.
  • AdrianC
    AdrianC Posts: 42,189
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    LEK wrote: »
    I feel I have the right to be "defensive" as you may refer to it as, this is in the event that he is trying to pull the wool over my eyes and do my over for more money that could potentially may not be owed to him.

    Hold on one minute, and put your outrage back in its box.

    This is SOLELY caused by you attempting to back out of a legally binding contract that you freely agreed to.
  • What has the landlord actually asked for that is 'outrageous'? By the sounds of it you would be liable for rent until the 1st of June so 2 months rent and any additional reletting fees the landlord has incurred(add in the paper would still incurr costs) and you should have negotiated this before leaving. In writing.

    I hope you are not speaking to the landlord like you are on here because that will get his back up and make him less amenable to reaching an amicable conclusion.
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