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Ex Landlord demanding final settlement

2

Comments

  • Not sure if i've read this thread correctly, but i don't see what he's asking money for?

    We can't give you advice on if it's correct or not given the circumstance (mutually agreed surrender of the tenancy at the end of March?) unless we know what they're asking for.

    If there's new tenant in, it shouldn't be rent, but as other's have stated, it could be costs associated with reletting, even an ad in the paper costs something.

    There's also the costs of anything not covered by wear and tear, which should be taken out of the deposit.

    Frankly, i think you've been quite lucky that the landlords agreed to end the tenancy and they've been willing to find new tenants so quickly. Usually this process involves hundreds of pounds going to the landlord/letting agents.
    *Assuming you're in England or Wales.
  • sammyjammy
    sammyjammy Posts: 7,333
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    If you don't know what you are being charged for you can't know whether it is correct. Deal directly with TDS.
    "You've been reading SOS when it's just your clock reading 5:05 "
  • FBaby
    FBaby Posts: 18,367
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    Also how are you so sure there are new tenants?
  • Shelldean
    Shelldean Posts: 2,389
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    So you agreed to a six month tenancy? By signing the agreement.

    You wished to move out early, but you could still be liable for rent until completion of the tenancy, so until the end of May.You keep saying you've overpaid rent but as rent was due to until the end of May I reckon you've underpaid.

    The landlord appears to have accepted your request for an early surrender, but you have no written proof of this?

    The landlord is entitled to claim any costs from you for the reltting. This may be just the newspaper advert or may include reference fees.for the new tenants.

    You moved out 25 Mar and handed keys back the following day. So believe you've overpaid as you'd paid until 31 Mar. But if the new tenants didn't move in until say 10 Apr, you'd also be liable for the void period between the end of your rent and the starting of the new tenants.
    What amount has the landlord asked for?

    When.Did the new tenants move in?

    If the figure equates to a newspaper advert, a reference fee and a few days rent, the landlord probably can claim. Especially as he's mitigated his losses by getting new tenants.
  • LEK
    LEK Posts: 83 Forumite
    edited 19 April 2017 at 9:38AM
    AdrianC wrote: »
    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.

    Woah wait there a moment - I didn't come on here to deliberately start an argument or a keyboard warrior contest here, I've came on here for helpful advise to which I feel I have achieved up to now. However one thing I won't tolerate whether it's on here or face to face is being talked down to like I'm point blank in the wrong without knowing the full facts - it seems to be a bit of a trend on here at times where certain devoted posters with a high post count can think they can talk down to others!

    Perhaps originally I may come across as slightly vague with my original explanation and conflicting information due to all this coming around only just this morning and me trying to keep the peace at home, but I correct these as & when and try to be cooperative as much as possible with the helpful advise I am given. At the end of the day I'm only trying to look out for not only myself, but also my other half as it was a relative of hers who lend us the money originally for the deposit.
    Not sure if i've read this thread correctly, but i don't see what he's asking money for?

    We can't give you advice on if it's correct or not given the circumstance (mutually agreed surrender of the tenancy at the end of March?) unless we know what they're asking for.

    If there's new tenant in, it shouldn't be rent, but as other's have stated, it could be costs associated with reletting, even an ad in the paper costs something.

    There's also the costs of anything not covered by wear and tear, which should be taken out of the deposit.

    Frankly, i think you've been quite lucky that the landlords agreed to end the tenancy and they've been willing to find new tenants so quickly. Usually this process involves hundreds of pounds going to the landlord/letting agents.

    Precisely - not once up to now has he informed me with regards to if he has fully inspected the property / whether he is happy with it or not and to take things on from there, nothing. Like I said the only point of contact he has had with me was three separate phone calls regarding returning the keys when we move out & utility supplier firm enquiries. The text message I had from him this morning was the very first line of enquiry I've had regarding this outstanding monies matter.
    sammyjammy wrote: »
    If you don't know what you are being charged for you can't know whether it is correct. Deal directly with TDS.

    A new development has arisen in the last hour or so - I've had an email from the TDS people to notify me that the landlord has now authorised the refund of my deposit in full and to be paid directly to me. Now this is interesting...

    Liam.
  • AdrianC
    AdrianC Posts: 42,189
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    LEK wrote: »
    AdrianC wrote:
    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.
    Woah wait there a moment - I didn't come on here to deliberately start an argument or a keyboard warrior contest here, I've came on here for helpful advise to which I feel I have achieved up to now. However one thing I won't tolerate whether it's on here or face to face is being talked down to like I'm point blank in the wrong without knowing the full facts

    Sorry, you misunderstand my intention. I'm simply stating a bald fact that you appear to have forgotten.

    • You signed a six month contract.
    • You want to terminate that contract early.
    • You can only do that WITH the landlord's permission.
    • You are legally liable for any costs and losses arising from that early termination

    As it happens, he's given his acceptance of your early termination - tacitly - by reletting the flat. But you are still liable for any costs and losses he incurs due to your early termination of that contract.

    It looks as if he's now accepting he can document minimal losses, and so is returning your deposit in full - this is probably simply because he cannot provide the documentation that TDS are after. This is your good luck, no more than that. If your ex-landlord was less unprofessional, you would not be getting away so lightly.
  • LEK
    LEK Posts: 83 Forumite
    AdrianC wrote: »
    Sorry, you misunderstand my intention. I'm simply stating a bald fact that you appear to have forgotten.

    • You signed a six month contract.
    • You want to terminate that contract early.
    • You can only do that WITH the landlord's permission.
    • You are legally liable for any costs and losses arising from that early termination

    As it happens, he's given his acceptance of your early termination - tacitly - by reletting the flat. But you are still liable for any costs and losses he incurs due to your early termination of that contract.

    It looks as if he's now accepting he can document minimal losses, and so is returning your deposit in full - this is probably simply because he cannot provide the documentation that TDS are after. This is your good luck, no more than that. If your ex-landlord was less unprofessional, you would not be getting away so lightly.

    Thank you for your input and highlighting the key factors involved, at the end of the day I believe that if the landlord was more forthcoming with communicating with me much earlier and being thorough with his requirements / intentions then it would not of come to this.

    Much appreciated once again.

    Liam.
  • FBaby
    FBaby Posts: 18,367
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    So within only a few minutes the LL text you to say he wanted money from you whilst instructing DPS to release the deposit. Unless he thinks he has a better chance to get something from you for breaking the terms of the lease taking you to court rather then through the deposit scheme, his actions make no sense.
  • G_M
    G_M Posts: 51,977
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    edited 19 April 2017 at 11:50AM
    Just to add to Adrian's bullet points of relevant facts above:

    * the LL had no obligation, or reason, to be "more forthcoming with communicating".

    * YOU were the one wishing to end the tenancy early

    * so YOU are the one who should be politely ASKING him if you can, and on what terms,

    * and YOU are the one who should make sure that you get his consent (in writing to protect yourself) before assuming you can end the tenancy.

    * the LL has done nothing wrong. Indeed, as others have said, he has helped you by finding a new tenant (thus relieving you of obligation to pay rent till June)

    I'm afraid you are in the wrong here (from a strictly legal perspective), and getting annoyed with people who point that out will not help.

    True, the responses were were not based on the full facts. Because you did not provide the full facts (& still haven't). So the responses were based on the limited facts you DID provide.

    If you take a similar defensive /aggressive attitude with your LL, he is likely to demand everything he's entitled to, rather than responding more sympathetically.
  • LEK
    LEK Posts: 83 Forumite
    edited 19 April 2017 at 12:08PM
    FBaby wrote: »
    So within only a few minutes the LL text you to say he wanted money from you whilst instructing DPS to release the deposit. Unless he thinks he has a better chance to get something from you for breaking the terms of the lease taking you to court rather then through the deposit scheme, his actions make no sense.

    The ex LL first sent his text message during the small hours of this morning, then a few hours later when I woke up at 6AM and shortly before posting this thread - I then responded to him asking what money he is talking about that I supposedly own to him, as this was the very first mention of it out of the blue and that he failed to alert me between the time of me giving him notice in Feb right up until today of what I actually owe him, as well as a cost breakdown. He did not respond back to my reply.

    Fast forward to around 9AM, an email arrives from the TDS people notifying me that he has authorised to have the deposit, in full paid directly back to me. I've even printed the official document that they've generated which contains a full breakdown of any deductions if I was liable for any - all deduction fields in question are zero.

    Liam.
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