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    • greyville
    • By greyville 7th Aug 18, 2:50 PM
    • 70Posts
    • 25Thanks
    greyville
    My friend's tenancy problem
    • #1
    • 7th Aug 18, 2:50 PM
    My friend's tenancy problem 7th Aug 18 at 2:50 PM
    My friend's house rental was due to expire on August 7.

    The landlady said in writing it would be fine to end the tenancy on July 18 - so long as my friend paid rent up to August 7.

    Her letter states: "Any overpayment of rent will be refunded when the tenancy ends. I can do a bank transfer the same day."

    The landlady has since said in writing no rent is due to be refunded. My friend feels she is owed 20 days of rent.

    Does my friend have any redress? Does the written assurance from the landlady override the contract?
Page 2
    • G_M
    • By G_M 7th Aug 18, 5:38 PM
    • 45,534 Posts
    • 54,700 Thanks
    G_M
    so much drip-feeding of information and contradictory statements I can't be bothered. Just thought I'd say so!


    And has the landlady's letter actually be quoted here in full?
    • ThePants999
    • By ThePants999 7th Aug 18, 10:03 PM
    • 1,279 Posts
    • 1,652 Thanks
    ThePants999
    Personally I think the friend has a case here. The landlady set up a new tenancy with another tenant after the friend moved out. That was incredibly naughty of her if she still considered the friend's tenancy to be in existence, so if I were a judge I'd take that as an extremely strong indication that the landlady intended to agree a mutual surrender with the friend.

    Is it worth going to court over and risking losing, though?
    • Comms69
    • By Comms69 7th Aug 18, 11:29 PM
    • 4,903 Posts
    • 4,923 Thanks
    Comms69
    Personally I think the friend has a case here. The landlady set up a new tenancy with another tenant after the friend moved out. That was incredibly naughty of her if she still considered the friend's tenancy to be in existence, so if I were a judge I'd take that as an extremely strong indication that the landlady intended to agree a mutual surrender with the friend.

    Is it worth going to court over and risking losing, though?
    Originally posted by ThePants999
    the landlady clearly did intend it to mutual surrender- itís the terms that are in question
    • PersianCatLady
    • By PersianCatLady 8th Aug 18, 12:43 AM
    • 578 Posts
    • 571 Thanks
    PersianCatLady
    My friend interpreted the wording of the landlady's email to mean 'if you leave three weeks early, pay me four weeks and I'll refund you three weeks'.

    The wording of the letter suggests the landlady would refund my friend, but could it be that she's just been very clever with the wording?
    Originally posted by greyville
    The LL suggested nothing of the sort, your friend just wasn't very clever with her reading.
    • PersianCatLady
    • By PersianCatLady 8th Aug 18, 12:45 AM
    • 578 Posts
    • 571 Thanks
    PersianCatLady
    Let me simplify:

    August 7 - day tenancy was due to end
    July 18 - day she moved out.
    August 7 - day rent was paid up to
    There are 20 days between July 18 and August 7. My friend feels she's due a rent refund for those days.
    Originally posted by greyville
    Your friend can feel what she likes but the original e-mail clearly states that she had to pay up until 7th August. End of story.

    Next time perhaps your friend should confirm "her feelings" in writing so that there is no confusion further down the line???
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