Ask an UK Law Question, Get an Answer ASAP!
Did you sign a new tenancy agreement when you previous tenancy expired? If so, how long was this for?
Have you received details of the tenancy deposit scheme in to which the deposit was placed?
Did you receive a notice requiring possession from the landlord/agent before they claim the (second) tenancy came to an end?
Right, this is a bit of a mess frankly.
The issue is when the tenancy ceased. If you expressly agreed to a further 6 months tenancy upon the previous one having expired then you will be bound to pay the rent until the term expired and you vacated (for which you would not have had to give notice to the landlord) or until you vacated the property if longer.. Note though if you occupied the property after the fixed term expired then you would have done so under a statutory periodic tenancy, this means that you would have had to have given one months notice with such notice expiring on a rent day.
The landlord's are not under an obligation to see that a new 6 months tenancy is executed upon the previous one ceasing, they can simply permit the occupation to carry on as a statutory periodic tenancy.
Very broadly, if the landlord accept that the tenancy is terminated at a certain date and you do not dispute the date of this suggested termination but have not paid rent then you will be bound to pay the rent and they could sue you for it and probably will.
The deposit is a separate issue and you should correspond with them on the this issue as to what they suggest by way of a return. If you dispute the amount that is suggested to be returned to you then the scheme will run a dispute resolution service which you can avail yourself of.
You've got to engage with the agent/landlord otherwise they will just issue and you will have to dispute it at hearing, which will be time-consuming and stressful. You should try to avoid this, they will want to as well.
The contacting of your mother's is sharp practice but the practical reality is that you have not suffered any financial loss as a result for which you could sue unfortunately.
If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.Kind regards,Tom
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).