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Complicated end of tenancy

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406 views 1 replies latest reply: 28 November 2016
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Tenant

hi, this is very complicated so I will try to explain this as best I can. Gave formal notice end July, teNancy ended end Aug.  Moved out however due to my I’ll health was very stressful time! Mid Sept I realised that I had forgotten to cancel standing order and therefore paid landlady months rent too many (£700!) I requested this be returned asap via letting agents. All usual procedures took place after tenancy had  ended. e termination inspection. However, my partner forgot to return keys and they weren’t handed in until end Sept.  Letting agent is stating I cannot have my £700 returned as the tenancy was still ours due to within ding keys. Letting agent and landlady accessed property in Sept to inspect. Viewings also took place as property is for sale. My argument is that if they truly believed tenancy was still ours then they have illegally entered property. Also, our deposit is with the DPS £800) and this is going to ADR. I am certain the Ll is not entitled to keep the mistakenly paid rent! Surely it would also make the end of tenancy inspection nul and void if they insist the tenancy was still ours in Sept! Our contract has nothing in it ref late return of keys. All in all we are £1500 down. It’s so complicated as there are many factors to consider. Where do we go from here!

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Tenant

Okay, this is good for you. 

Since the landlord / agent has entered the property during end of Aug / September for all standard checks and processes, they MUST HAVE concluded that the property was no longer occupied. 

To contribute to that conclusion is your formal notice to leave, your physical absence, the absence if any belongings / furniture / anything you own. 

The fact that you did not give the keys must at most make them eligible to bill you for a lock smith to change the locks. However, the rent overpayment must be returned and you may claim it from the court. 

The deposit should be returned (minus any legitimate deductions ruled by the ADR) to you shortly after the dispute procedure has begun. The landlord needs to forward any non-disputed deposit money to you in 10 days after your claim.

 

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