KimberleyAnn Posted June 20, 2008 Share Posted June 20, 2008 Hey, I started renting a flat in Coventry in Febuary through an agency. However i was in contact with the landlord. At the start of the agreement they made various mistakes. I paid quite a large deposit for this property, and the first months rent. Anyway, the first standing order came out, and they took £150 more than what was set up. I had to fight to get this back. Then i spent 2 months in the flat, and then moved back to Brighton, and kept the flat up there empty, and carried on paying the rent. I spoke to my landlord and he said he would re market it, and if anyone was found i would have to pay £300 to have them changed over. I figured this was a great idea, as i was in a contract for 12 motnhs. So........they find a new tenant. Move her in, whilst i am still paying the rent! and fail to tell me she has moved in. I have had to fight to get my deposit back, and i have demanded the rent i am owed. The landlord promised me 3 times to send me the money....hasnt done so. Today i lost my temper and said i wanted it paid directly into my account, he agreed......guess what, hasnt been paid in. Just wonder where i stand legally? Quote Link to comment Share on other sites More sharing options...
lexsum Posted June 20, 2008 Share Posted June 20, 2008 i would have cancelled any standing orders as soon as i moved out. property companies are notorious for ripping people off/holding back money. effectively they are letting out a flat to a third party. they can't have their cake and eat it. find out as much as you can about the new tenant i.e. date of entry/lease and work out exactly what you owed in rent overall ie start of your tenancy to date of their tenancy, then deduct what you have paid including deposit and that is what you are due back. they might try and say they had extra admin costs to swap over (£300 i think you say) but they are due no more. if you are owed money ask for it in writing giving them 14 days to pay or else small claims court awaits. Quote Link to comment Share on other sites More sharing options...
KimberleyAnn Posted June 20, 2008 Author Share Posted June 20, 2008 Already done all that, and had voicemails and texts from the landlord promising the money that day. Had nothing. It just really disappoints me, as it was the most expensive flat the agency had and wasnt cheap! I never missed a payment! Some people make me really angry! Quote Link to comment Share on other sites More sharing options...
Multics Posted June 20, 2008 Share Posted June 20, 2008 Call him and the agency again and threat them both to take them to small claims, it works most of the time I've been there before, eventually I got my deposit back. Some agencies/landlors are a PITA. Good luck Quote Link to comment Share on other sites More sharing options...
lexsum Posted June 20, 2008 Share Posted June 20, 2008 court time - that works. Quote Link to comment Share on other sites More sharing options...
Matt H Posted June 20, 2008 Share Posted June 20, 2008 Hard post to follow. Not quite with you Kim, see below. At the start of the agreement they made various mistakes. What mistakes? anything relevent to the contract? Anyway, the first standing order came out, and they took £150 more than what was set up. Standing order? do you mean direct debit? i'm sure Standing orders a fixed payment you set up and pay each month from your end. and if anyone was found i would have to pay £300 to have them changed over. What do you mean there? I figured this was a great idea, as i was in a contract for 12 motnhs. So........they find a new tenant. Move her in, whilst i am still paying the rent! and fail to tell me she has moved in. Did this happen or is this the idea? I have had to fight to get my deposit back, and i have demanded the rent i am owed. I think regardless of the contract, they null and voided it if the idea happened and some other girl moved in under your contract term. They owe you the money if what i gathered from your post is correct. They could have also done something unlawful by moving someone into the property you are renting without your knowledge. Sue! Quote Link to comment Share on other sites More sharing options...
Charlotte Posted June 20, 2008 Share Posted June 20, 2008 The only way to know is if I know what type of contract it was - an assured shorthold tenancy agreement? Edit to say - a standing order can be set up by an external party and you can amend details. Quote Link to comment Share on other sites More sharing options...
KimberleyAnn Posted June 20, 2008 Author Share Posted June 20, 2008 The only way to know is if I know what type of contract it was - an assured shorthold tenancy agreement? Edit to say - a standing order can be set up by an external party and you can amend details. Yeah the agency set it up! Im new to all this so i dont have a clue! I spoke to the landlord this morning, he said he was waiting for some money from Fouroaks ( the letting agents) and then he would directly pay me the money into my bank account. Anyway nothing has been paid in, so i called Fouroaks, they promised to call me back. They have called back and said that they have paid My landlord all money owed to him, and he said to them he would settle the debt directly with me. I then called my landlord.......no answer. I just hate liars and timewasters. I just want my money and thats it! Im sure if i missed a payment they would have been on my case! Quote Link to comment Share on other sites More sharing options...
Charlotte Posted June 20, 2008 Share Posted June 20, 2008 Because your tenancy sounds like it was for a fixed term you and your landlord have to mutually agree to you leaving - or stopping payment of rent. As it sounds as if you've done that bit that's fine. They would still, even now, be able to demand rent - try to get it in writing if you can (bit late now I'm sure) that he/she agreed to you ending the tenancy, otherwise you could be stung later. Was the deposit protected under a bond scheme? Quote Link to comment Share on other sites More sharing options...
The Restorer Posted June 20, 2008 Share Posted June 20, 2008 My current contract is for six months but in the lease it says if I was to leave early I would lose my deposit and pay reasonable expenses towards re-letting the apartment. It may be that the transfers going to take a couple of days to come through. Quote Link to comment Share on other sites More sharing options...
marbleapple Posted June 20, 2008 Share Posted June 20, 2008 Kimberley, Can you give us all more info... your post is a bit hard to understand and as Charlotte said we need to know what you are signed up under. You will have a copy of the document you signed when you moved in - whats its name? I think you were telling us that you had a lease on a property, didn't like it (for what ever reason) and wanted out. They agreed to assign the lease but you had to pay rent until the lease was assigned to someone else (you also had to pay their expences to readvertise). They moved someone in and didn't tell you and they also owe you money for overpayments. Charlotte knows a lot more than me in this area but a practical point: if your lease was through the rental agency, and you were paying rent to the rental agency, and they are the ones who mucked up, then I would have thought you should be chasing them not the Landlord. Let them chase the landlord, thats not your problem, you simply speak to the man in charge of the agency (face to face) and inform him you will be taking them to court otherwise and have an appointment with a solicitor (48 hours time). Also, if its a direct debit (not a standing order) ask your bank about the direct debit indemnity scheme which automatically refunds you if they take too much. p.s I'll let Charlotte answer as I know she's the expert in this area not me. Quote Link to comment Share on other sites More sharing options...
Charlotte Posted June 20, 2008 Share Posted June 20, 2008 My current contract is for six months but in the lease it says if I was to leave early I would lose my deposit and pay reasonable expenses towards re-letting the apartment. It may be that the transfers going to take a couple of days to come through. I suspect you have a 'break' clause in the contract. Often though they aren't present in a standard shorthold tenancy agreement so it becomes difficult to give notice/sever the tenancy. Quote Link to comment Share on other sites More sharing options...
lexsum Posted June 20, 2008 Share Posted June 20, 2008 appointment with a solicitor (48 hours time). i would not pay those guys. as this is probably a small claim, you may not get legal expenses at the end of it all. if you can confirm how much you are owed someone will be able to tell you the best way forward. small claims are very easy to do. Quote Link to comment Share on other sites More sharing options...
marbleapple Posted June 20, 2008 Share Posted June 20, 2008 i would not pay those guys. as this is probably a small claim, you may not get legal expenses at the end of it all. if you can confirm how much you are owed someone will be able to tell you the best way forward. small claims are very easy to do. No I said.. 'tell him' that you are going to see a solicitor, I didn't mean actually go see a solicitor. A fib to get things moving. Quote Link to comment Share on other sites More sharing options...
Charlotte Posted June 20, 2008 Share Posted June 20, 2008 I'll let Charlotte answer as I know she's the expert in this area not me. I don't think so, I only work in it. Every situation is different. Quote Link to comment Share on other sites More sharing options...
lexsum Posted June 20, 2008 Share Posted June 20, 2008 No I said.. 'tell him' that you are going to see a solicitor, I didn't mean actually go see a solicitor. A fib to get things moving. sorry - i get it i am/was in the trade see and never did small claims ecept my own. most companies tend not to defend them as the costs are prohibitive and settle as soon as it is raised. local authorities on the other hand will waste thousands defending these things - such is the UK! Quote Link to comment Share on other sites More sharing options...
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