Help needed with my old landlord
Discussion
As someone who has rented several different properties, and also now a landlord, i'd chalk this one up and move on. Presumably you and the landlord sign an updated contract with the new end of tenancy? In this case it was your choice to move out early, and relinquish the keys. The landlord won't have needed them to carry out viewings as they'll have their own so the fact that you'd physically vacated and given the keys early is your choice. I assume you had a checkout/inventory done at the same time?
The landlord effectively took a risk in letting you out of contract early, on the basis they would be able to find a tenant. Say for example it took them 6 weeks to find a tenant, or there was a void period between the new tenant coming in, in this case the landlord would be out of pocket whilst th flat was empty even though you should have been still in contract.
I can see why you are annoyed but you're no worse off as a result. It was your decision to move out early and into the new property, you could have held out a month longer to get the new place but you didn't. Move on
I can see why you are annoyed but you're no worse off as a result. It was your decision to move out early and into the new property, you could have held out a month longer to get the new place but you didn't. Move on
I see it this way.
Your contract ran until 30th Oct, you bought a house and the landlord agreed to cancel early, so 30th Sept. This happened, and you moved into your now purchased house, job done.
What happened next isn't any of your concern. The landlord could have said no and made you pay the full amount owed, but they did you a favour, and now in return for that favour you want to take back that month off them? It could have taken them months to find a new tenant, but they rolled the dice and in this instance they won.
Your contract ran until 30th Oct, you bought a house and the landlord agreed to cancel early, so 30th Sept. This happened, and you moved into your now purchased house, job done.
What happened next isn't any of your concern. The landlord could have said no and made you pay the full amount owed, but they did you a favour, and now in return for that favour you want to take back that month off them? It could have taken them months to find a new tenant, but they rolled the dice and in this instance they won.
I think you are all right i think I'm just real upset at seeing that sum of money in her pocket and not in mine and I'm just angry. I'm going to reply back and tell her I'm not paying the gas and electric bill as it was after we moved out and not my responsibility as it was from when we relinquished the keys as you've said and tell her she can use the £500 she robed of me to pay it back easily and not to contact me again
Question will be did you agree to pay an amount equivalent of rent until the 30th of September in order to vacate earlier? Ie could she say, for sake of argument, "he moved out three months early, was obliged to pay three months rent but I allowed him to pay two for early possession" in which case you're owed nothing?
That's certainly what i would have negotiated (some such similar deal) if I'd been in her position, and have done in the past.
iANAL
That's certainly what i would have negotiated (some such similar deal) if I'd been in her position, and have done in the past.
iANAL
AndySpecC said:
The landlord is only entitled to money they have lost by you leaving early. By installing a new Tennant they haven't lost out. Ignore most of this thread and start a claim.
What's his loss? The loss would be that he did not have the use of the property whilst he was still paying a rent. But he gave up the keys and did not ask for them back so he has not been deprived of anything.13m said:
AndySpecC said:
The landlord is only entitled to money they have lost by you leaving early. By installing a new Tennant they haven't lost out. Ignore most of this thread and start a claim.
Just about everything in this paragraph is wrong, including the spelling of "tenant".
richatnort said:
I think you are all right i think I'm just real upset at seeing that sum of money in her pocket and not in mine and I'm just angry. I'm going to reply back and tell her I'm not paying the gas and electric bill as it was after we moved out and not my responsibility as it was from when we relinquished the keys as you've said and tell her she can use the £500 she robed of me to pay it back easily and not to contact me again
You have hit your own nail on the head.You are annoyed/angry/jealous (delete as applicable) because she has, in your eyes, made on the deal. She could equally have lost. Don't suppose you would have given her an extra months rent if she didn't get a tennant?
You have suffered no loss as a result of her actions. Indeed, saved a months rent that you could have been liable for.
Did you formally shorten the contract? If not, id definitely quit while your ahead.
I can only apologise for not proof reading my reply. Thanks for reminding me why I don't usually post on here. I'm not a lawyer admittedly but rather than most on here who just say I think this or that I tried to do a little reading first.
http://housingrights.org.uk/news/can-tenant-leave-...
A tenant can, of course, leave the property if they wish, by writing to the landlord and giving appropriate notice of their intention to leave. However, as the tenant entered into a legally binding contract to pay rent for the property he will remain committed to paying this rent until:
the agreement ends or
the landlord begins letting the property to other tenants.
Once new tenants move into the property, the old tenant's obligation to pay rent ends.
http://housingrights.org.uk/news/can-tenant-leave-...
A tenant can, of course, leave the property if they wish, by writing to the landlord and giving appropriate notice of their intention to leave. However, as the tenant entered into a legally binding contract to pay rent for the property he will remain committed to paying this rent until:
the agreement ends or
the landlord begins letting the property to other tenants.
Once new tenants move into the property, the old tenant's obligation to pay rent ends.
AndySpecC said:
I can only apologise for not proof reading my reply. Thanks for reminding me why I don't usually post on here. I'm not a lawyer admittedly but rather than most on here who just say I think this or that I tried to do a little reading first.
http://housingrights.org.uk/news/can-tenant-leave-...
A tenant can, of course, leave the property if they wish, by writing to the landlord and giving appropriate notice of their intention to leave. However, as the tenant entered into a legally binding contract to pay rent for the property he will remain committed to paying this rent until:
the agreement ends or
the landlord begins letting the property to other tenants.
That site is badly worded.http://housingrights.org.uk/news/can-tenant-leave-...
A tenant can, of course, leave the property if they wish, by writing to the landlord and giving appropriate notice of their intention to leave. However, as the tenant entered into a legally binding contract to pay rent for the property he will remain committed to paying this rent until:
the agreement ends or
the landlord begins letting the property to other tenants.
It refers to a situation where the tenant leaves early without agreement, he can only be held liable for the rent until the landlord re-lets.
richatnort said:
I think you are all right i think I'm just real upset at seeing that sum of money in her pocket and not in mine and I'm just angry. I'm going to reply back and tell her I'm not paying the gas and electric bill as it was after we moved out and not my responsibility as it was from when we relinquished the keys as you've said and tell her she can use the £500 she robed of me to pay it back easily and not to contact me again
Still petulant. You are going to be regularly angered if you continue through life thinking contracts are only for your benefit.Foliage said:
Your entitled to nothing. The key word here is contract, you signed it, you have to pay it.
How would you feel if she'd kicked you out a couple of months early because she'd found a new tenant who would pay more? contracts swing both ways.
So if she'd known, she could have walked in and out of the house at any time, even though someone new was living in it? After all, she had a contract that the house was hers until the agreed date.How would you feel if she'd kicked you out a couple of months early because she'd found a new tenant who would pay more? contracts swing both ways.
OP you are the typical tenant that enters into an agreement but then because it doesn't suit, wants to then break that agreement without thinking about your obligations or the impact on the landlord.
In this case the landlord tried to meet you halfway, which they didn't need to do and you've thrown that back in their face.
I've been a landlord for 14 years and your they typical tenant that grinds us down, takes our help for granted and leaves us thinking why bother next time.
Sadly the next tenant will probably be more genuine but will be met by an inflexible landlord who's had his fingers burnt once to many times.
As has been correctly mentioned numerous times, returning keys is termination of tenancy. Read the internet all you like but if you get legal advice, like that what the landlords association gives FOC then you'll learn the above is correct.
I just hope the utility bill was in your name and she simply supply's their debt recovery dept your forwarding address.
In this case the landlord tried to meet you halfway, which they didn't need to do and you've thrown that back in their face.
I've been a landlord for 14 years and your they typical tenant that grinds us down, takes our help for granted and leaves us thinking why bother next time.
Sadly the next tenant will probably be more genuine but will be met by an inflexible landlord who's had his fingers burnt once to many times.
As has been correctly mentioned numerous times, returning keys is termination of tenancy. Read the internet all you like but if you get legal advice, like that what the landlords association gives FOC then you'll learn the above is correct.
I just hope the utility bill was in your name and she simply supply's their debt recovery dept your forwarding address.
Muncher said:
Who was paying the council tax on the property whilst it was empty?
This is reasonably important, not least of which if you'd paid it for September, then you'd be due a part refund from when the new tenant moved in. If you weren't paying it, then did the landlord manage to get an empty property exemption for that month ?MUDGUTZ said:
Some of these landlords & letting agents think they can make up the rules as they go along. Try this:
Dear Landlady,
Thank you for your, text, I have taken advice and feel you owe me £498.18. [insert reasons here] I am willing to reduce that amount by £100 to £398.18 as a goodwill gesture and hope you will reimburse me promptly rather than me persuing you through the small claims court.
If you can prove I owe £40 you can take this from the £398.18 I am intending to persue you for.
etc. etc.
Spell pursue correctly for more credibility.Dear Landlady,
Thank you for your, text, I have taken advice and feel you owe me £498.18. [insert reasons here] I am willing to reduce that amount by £100 to £398.18 as a goodwill gesture and hope you will reimburse me promptly rather than me persuing you through the small claims court.
If you can prove I owe £40 you can take this from the £398.18 I am intending to persue you for.
etc. etc.
OP, Pistonheads being what it is is generally filled with more Landlords then it is Tenants, so I think you will inevitably get a more Landlord skewed point of view.
It is a sizable amount of money, so I would definitely seek clarification from one of the independent help groups, Shelter, Citizen Advice etc etc.
A lot of it will come down to what can be proved. I handed keys back as goodwill to allow VIEWINGS -vs- I handed keys back as vacant possession. Phrasing like that will dictate a lot I think.
For the sake of a £30 claim & getting some advice, I would be sorely tempted to give it a go...
It is a sizable amount of money, so I would definitely seek clarification from one of the independent help groups, Shelter, Citizen Advice etc etc.
A lot of it will come down to what can be proved. I handed keys back as goodwill to allow VIEWINGS -vs- I handed keys back as vacant possession. Phrasing like that will dictate a lot I think.
For the sake of a £30 claim & getting some advice, I would be sorely tempted to give it a go...
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