Renting Agreement and Bills

[PocketTheDifference]

HI There

If somebody could try and assist with this matter i would be eternally greatful.

First issue is that we moved out two months early from our rented property. 10 months into 12 month contract. (due to parents serious health we needed to be around to help out.)
Spoke to the Land lady who said she would try and help...(never happened)

I'm not too clever on legalities of this but we had a little advise from a property lawyer in training, and he said ignore them its scare-mongering. But took his advice and kept getting letters from the owners daughter saying we owe the rent etc etc we stood at a stance that we told them 2months in advance they 100% knew we needed to move (all can be prooven by emails and letters)

Whilst we had moved out but they where still disputing they clearly had work men in the property i think over a length of 2 weeks to paint and probably sort out the issue with the house as there was a few. Baring in mind had we fufilled the 12 months only after then could they have done this.

In the mean time they have found new tennants so say we only now owe the month's rent...as stated though us being out early has allowed them to maintain the property and get new tennants in, this would not have been achievable had we waited the whole contract length. So Basically they are trying to have their cake and eat it too! I think them doing it as they have surely counts for us regardless of whatever else legally they are saying.

On top of this when we moved out on the Day the Wife took meter readings and got a balance of £86 NOW somehow (because the owenr has told them to bill us for the entire time) it is up to £220...can this also be allowed again knowingly that they had builders and decorators in they have clearly had the heating n the WHOLE time. and would imagine they entered the property without our permission and put the heating on and at our entire cost.

Im happy to treat them as separate incidents as I think it is despicable that they can crank up the heating and then laughing because thye can charge us.

We are being threatend with court action so any help with this would be brilliant. and I can give any extra info needed.

thanks Very much.
PTD

[Crazy council]

Re: Renting Agreement and Bills

Hi

If you gave 2 months notice ( after 10 months ), then thats entrly proper, and you dont owe for anyt dates further than that, your tenacy agreement gives the details about bills responcability.

Did you register the meter readings on the day you took them ?

Was the rent fully paid up ? if so

write or email the owner agent, ask them toi identify exactly what you owe, what period its for, and why you owe it

Asking them that should stop them trying it on

[stevemLS]

Re: Renting Agreement and Bills

I may be mistaken but as I read OP they gave 2 months notice to end at 10 months, rather than to end at 12 months.

In the absence of a break clause, I think you are liable for the additional two months rent. The l/l has mitigated their loss and got new tenants in at 11 months, so is now only asking for one month.

If you can prove the meter readings, I don't think you are liable for the additional utility costs.

[PocketTheDifference]

Re: Renting Agreement and Bills

Thanks for the Reply.

Just to Clarify (reading over things again) our contract was a 12months Fixed AST (not too clever on these terms) with a months notice somewhere in this.

However, are we correct in thinking due to the circumstances and the notice given, also with the correct Rents (to what we believe) up to date. they would not have a claim to more rents?

They are threatening small claims etc but i'm not too scared it would be for 1 months rent Around 7-800.

The Bills situation. I know my other half called the company the day we moved out, i think it is quite well documented that we moved out (be it early or not) on a certain date and could prove it if that is all that we needed. - they cannot clearly take the michael out of us by entering the property and turning it on constantly.

Thanks so far.

PTD

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I hear what your saying here - the things i would like to make clear is they spent 2-3weeks getting the place revamped which they would not have had the luxury of if we where still in there, so they used this to their advantage (so they should not have had access without consent in any terms)

I may be mistaken but as I read OP they gave 2 months notice to end at 10 months, rather than to end at 12 months.

In the absence of a break clause, I think you are liable for the additional two months rent. The l/l has mitigated their loss and got new tenants in at 11 months, so is now only asking for one month.

If you can prove the meter readings, I don't think you are liable for the additional utility costs.

[stevemLS]

Re: Renting Agreement and Bills

So far as I can see, the fact that they spent 2-3 weeks painting etc is immaterial, you breached the contract and so remain liable for the rent [and you may have been responsible for redecoration under the terms of your AST in any event].

[Crazy council]

Re: Renting Agreement and Bills

Hi

just to clarify, i thought you meant you had given notice at 10 months, to finish at 12 months

Within your initial term ( 12 months, ) usually, you would have to give at least 2 month notice, after 12 months, usually 1 month

If you mean that you only paid up to month 11, and you think because they managed to re-let, that you don't owe, thats not correct

So, if the above is correct, yes you do owe the months rent, but, if they do take you to court, you possible have some mitigating circumstances. Like the decorators, and that they re-let for the last month.

I would, put it in writing to them why you feel that you don't owe the last month, be clear and reasonable, they will have to consider that before starting any court action

[PocketTheDifference]

Re: Renting Agreement and Bills

Hi Okay I cna accept liability if I truly am liable.

You are correct in saying we had that 12 month contract with 1 months notice. at about 9 months we gave notice of intention and the landlady seemed quite fine by this. and moved out at 10(and gave the keys back) so in month 10 they had the house to themselves and where clearly letting themselves in and decorators etc which how can they do if we are still the tennants they would need to give notice

Suggesting we are responsible for decoration is immaterial itself (not sure why you mentioned this)- It was cracks in the wall and ceiling in most rooms due to previous leaks before we moved in.

Like I said they needed this time to decorate and had the opportunity while we where out for the month.

Thanks for all looking at this.

[stevemLS]

Re: Renting Agreement and Bills

I only mentioned liability to decorate in case the l/l came back with a suggestion that they did the work in default of your obligations - some tenancy agreements include an obligataion to decorate although it would be unusual for an AST.

It doesn't change my view that you remain liable for the rent for the full term of the lease.

So, effectively, IMO the l/l is acting reasonably in offering to settle for one month, rather than two.

[PocketTheDifference]

Re: Renting Agreement and Bills

Brill I appreciate your views opinions and advice I will take this with 99% certanty I am liable I would like to go and get legal advice, As I think on terms of them being unreasonable with accessing the property and having extra time to decorate and do building work they would have been unable to rent after the 12 months so in effect they just had access to do this early and are trying to profit from it.

Just FYI the L/L was fully aware we needed to move to look after a terminally ill family member so This would also be put forwards.

PTD

[nemesis45]

Re: Renting Agreement and Bills

If you gave your 2 months notice at the 10 month date and moved out having paid the rent for the last two months No Problem, if however you vacated at 10 months without paying any rent you have a liability.

nem

[stevemLS]

Re: Renting Agreement and Bills

FWIW whilst your reason for needing to move may (and may already have) appealed to your l/l better nature, it has no impact on your liability to pay rent.

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If you gave your 2 months notice at the 10 month date and moved out having paid the rent for the last two months No Problem, if however you vacated at 10 months without paying any rent you have a liability.

nem

I think, nem, you have misunderstood, OP hasn't paid rent for the final 2 months of the 12 month term, moved out at month 10 having given one month's notice.

[nemesis45]

Re: Renting Agreement and Bills

FWIW whilst your reason for needing to move may (and may already have) appealed to your l/l better nature, it has no impact on your liability to pay ren



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I think, nem, you have misunderstood, OP hasn't paid rent for the final 2 months of the 12 month term, moved out at month 10 having given one month's notice.

Nothing " misunderstood"
Post #10 is a simplified explanation of the situation the OP finds themselves in.


nem