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View Full Version : Landlord not playing ball.



tombboy
26-09-2011, 09:32 AM
Just a quick introduction....

I rent my own property out (no problems there, tenant is very reliable) and as a result I live in rented property.

I have a sticky situation which I hope someone on here can answer for me.

In April this year our family relocated through work and we found a lovely privately rented property at a reasonable amount. After meeting with the Landlords we agreed an Assured Shorthold Tenancy and duly signed the agreement and moved in.

Everything about the property was lovely and we were very happy.

Just short of four months into the agreement I was offered a very lucrative work position which I would have been a fool to let go. This would mean relocating to another part of the country. The new company were willing to pay a generous relocation package which would allow us to honour the 6 month contract currently in place.

I accepted the position and wrote a letter to the landlords stating that with regret we would be moving our of the property in a few weeks but also stating that we would honour the remaining two months of the agreement (the last month's payment would be taken from the deposit leaving half a month's amount due to us), which we did. We left the property on very good terms and it was spotless!!

We wrote to them the other day requesting that the remaining deposit is returned to us at the end of September (end of lease), only to receive a reply saying that as we had not given them the required notice, they were not paying any monies due. They stated a couple of other petty reasons such as alterations made to the loft (we had laid loft boards in order to store boxes), and removal of a curtain rail (which we left in the property).

I have politely requested that they reconsider the matter before I take it further. I have also offered that I arrange for someone to visit the property (we are still under the term agreed), remove the loft boards and refit the curtain rail.

My solicitor pointed out that if they stated that not enough notice was given, I have every right to accept this, providing that they refund monies they received for August's rent. This would be more than the deposit that I am requesting.

Am I right in thinking that the landlords do not have a leg to stand on?

theartfullodger
26-09-2011, 09:48 AM
Yup: Which scheme is your deposit in??

Blimey, if all tenants were as communicative & reasonable as you there'd be fewer unhappy LLs out there...

PS welcome to LLZ!!

tombboy
26-09-2011, 09:52 AM
The government online one.... mydeposits

Clearly states that they cannot intervene so am I left with the small claims court?

tacpot
26-09-2011, 10:31 AM
What does the Tenancy Agreement say about the deposit in the case of early termination?

What was the monthly rent?

Why won't Mydeposits get involved?

Do you have an inventory / statement of condition noting the two items that were not as they should have been?

tombboy
26-09-2011, 11:25 AM
What does the Tenancy Agreement say about the deposit in the case of early termination?

What was the monthly rent?

Why won't Mydeposits get involved?

Do you have an inventory / statement of condition noting the two items that were not as they should have been?

We did not terminate the agreement early. Yes, we moved out with two month's remaining, but we PAID those two months up in advance. Effectively, we are still tenants until Thursday and could have visited the property on weekends if we wanted to.

The monthly rent was £750

I have logged a dispute with the deposit scheme.

No statement of condition has been issued.

MrJohnnyB
26-09-2011, 12:08 PM
Keys were returned to LL prior to the end of the agreement correct? No notice is required on expiration of the fixed term.

tacpot
28-09-2011, 08:36 AM
Why won't Mydeposit get involved?

tombboy
28-09-2011, 12:11 PM
Why won't Mydeposit get involved?
I read the small print wrong, my mistake. It's now gone to ADR.
Advice given to me so far has indicated that I should be entitled all the deposit back (less the last month's rent.
She cannot use the fact that we didn't give them sufficient notice because you don't need to give notice on a AST and we had paid up the six months in advance.
The only sticking point will be the loft boards.... but I offered to remove them during the tenancy (it ends tomorrow). However, I haven't heard back from the LL.
I've also been told that if they try to claim £375 for costs in refitting the curtain rail, they'll be laughed out of the review!!!
It's all looking good, but the process means I have to wait at least 20 working days to see any return.

tacpot
29-09-2011, 09:46 AM
Yes, £375 to refit a curtain rail does sound hilarious!

And the loft boards aren't an alteration (unless they are fixed to the joists or you moved loft insulation around to lay the boards). You may have to pay to have them disposed of. Depending on quantity involved this could take a few hours, refitting the curtain could take half an hour, so a fair charge might be as much as £50, or as little as £10! As the landlord, I would not bother to go to ADR for £50.

MrJohnnyB
29-09-2011, 10:00 AM
I cannot see that boarding a loft would have any detrimental effect to the value of the reversion so cannot see that any legitimate claim for this could be made.