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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My previous landlord is chasing us for our last months rent,

Resolved Question:

My previous landlord is chasing us for our last months rent, although they do have our deposit which is of equal value. We left the property in very good condition and we have not been informed that any deductions are to be made from the deposit. Also the estate agents who were managing the property never sent us a contract for the last 6 months of our stay. (our previous tenency ended in febuary 2010 and we left in august 2010) they have been contacting us by email stating that we owe money for the last months rent and if not recieved they will start debt recovery procedures. we have responded to there emails disputing that we owe any money (they do not state exactly what we owe and why). They have now written to my mum who is not a guarantor stating that we owe them money and that they will start debt recovery. I am exstremely unhappy about them informing my mum that we owe them money and feel that they have breached confidentiality issues in doing so. from this breif description of the situation do you feel that the estate agentcy has acted illegally in any way.
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

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?

 

Kind regards,

 

Tom

Customer: replied 4 years ago.
We didn't receive or sign a new agreement when the term ended in February, we did however receive a new contract after we gave notice to vacate. This new contract was never signed by us as it was only sent as an after thought because we was now leaving the property.
We did receive details of the deposit scheme when we initially started our tennancy.
We have never received a notice requiring possession.
Our contract terms have always been six monthly and we stayed at the property for 3 years.
The Estate agents have given a reference to our new landlord, which was obviously ok, and at no point was we informed about any issues with the condition of the property which was inspected each time we renewed previous agreements, and again after we had given notice.
Expert:  Thomas replied 4 years ago.

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

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6594
Experience: BA (Hons), PgDip, Practising Solicitor
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