I was given a section 21. Fixed term ended August 31st but the notice said we have to leave ‘after Oct 1st’. On August 23rd, I told them we’d return the keys Sept 30th and we paid rent until that date.
I’ve been emailed for non-payment of one day because ‘As per your section 21, the notice was served to end your tenancy on 1st October and therefore, although the keys were returned sooner, your liability did not end until 1st October and therefore, you are liable for this days rent.’
Am I within my right saying our fixed term ended Aug 31st, turned into a rolling contract until September 30th (and we informed them of key return) so won’t pay the one day?
I’m aware it’s not a lot of money but we paid £300 to have the house professionally cleaned so that they would allow us to have a pet (which we didn’t have for the last 6 months of the tenancy but we paid it anyway). The professional cleaning was written into our tenancy agreement.
Every other day they email me a new thing to take off my deposit and I’m getting fed up after paying them rent on time for 1.5 years and paying to clean their house. So far they’ve been things I can prove have been done but this one I don’t understand if I’m in the right.
Thanks! Okay, so telling them we were giving the keys back on a certain date isn’t formal enough I guess? They just had me drop them at reception, noone spoke to me.
So we didn’t have to do the professional clean? I had no idea…
The landlord can charge you for the cost of a professional clean if you do not return the property in the condition stipulated in the agreement, you do not have to hire a cleaner, though this isn’t a bad idea.
Am I right in thinking that if the tenant has handed back the keys and the landlord/agent formally recognises the return of the keys, then the tenancy is over? Even if this occurs within the fixed term?
Victoria’s case is one of a scummy LL, agent or both. The inclusion in the tenancy agreement of the requirement to have a ‘professional clean’ ie. must have been paid for means you could make a claim against them on that alone. In over 15 years as a LL, only once has a ‘pro’ cleaner even come close to returning a property to an acceptable level that I would pass on to a new tenant. Waste of money.
Is it worth me making a claim? I just want it to be over with but feel like they keep trying to take advantage and threaten my deposit every other day.
You can not accept the deductions and contest them via the deposit scheme. They will consider what is fair and allow or deny accordingly.
Bearing in mind you had a pet, if the contract didn’t say so, would you have still had a professional clean done? Most landlords increase rent to allow tenant to keep pets as the clean up can incur big costs. Even smells last for months. What animal was it you had?
What are they wanting to deduct for?
The notice period doesn’t make sense. LL needs to give 2 months notice once gone periodic, the tenant just 1. When was it given?
First off, I’m not a solicitor so this is not advice. Just my considered view.
If you can deal with not having your deposit back for a while, force the LL to arbitration at the deposit scheme for any deductions they are claiming that you do not agree with. The burden of proof is on them but you should also have solid evidence prepared to counter any claim.
Once you’ve got your deposit back, make a claim against the cost of pro cleaning citing the illegal clause in the AST. A smart LL would refund you.
OR
Report the LL to the local council or trading standards (check which in your area) for the illegal clause. Fine is £5k for first offence + any money they are required to return to you.