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Letting Agent Claim to Have Not Received Notice of Vacation Letter

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494 views 2 replies latest reply: 12 May 2014
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Tenant

Hi all,

My partner and I have been tenants of a 2 bedroom house that we have rented via a letting agent for 14 months. We have made arrangements to live elsewhere and have a property to move in to already signed for.

We have planned to vacate at the end of March and had written and sent our notification letter on 21st of April, giving ample notice of ending the agreement. Our rent payments are due on the 28th of every month.

However, after waiting what felt like too long for a reply we emailed the letting agent on 7th of May to ask for confirmation of our notice. We received a reply from the letting agent stating that they had not received any letter and will be using the email sent on 7th of May as our given notice and will be ending our tenancy on 27th of June. This means my partner and I will be paying an extra months rent whilst not living in the property, and an extra months delay in the return of our deposit.

I do not believe we should have to pay the extra money and suffer undue stress just because someone lost our letter.

I would very much like to hear any advice on how this may be resolved.

Many thanks in advance.

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Tenant

Hi Robert, thanks for posting a question in the forum. Do you have proof of postage or a copy of the letter you sent to the letting agent?

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Tenant

Hi Justine, thank you for the reply.

Unfortunately, we don’t have any proof of postage and have no real way to prove that the letter had been sent.

We do however, have copies of the letter. We also have the original file in which the letter was written saved on my partners’ laptop. This file has a “Created On” date of the 20th of April.

I understand that neither the file or copy of the letter can prove it was ever sent but I do believe that it clearly states our intent to vacate. My partner and I were abroad from the 24th of April to the 4th of May and had no access to the internet to check for emails. The fact we subsequently emailed the letting agents asking for confirmation is also an indication that we had sent the letter.

I’m not sure where to go with this. We cant prove the letter was sent but neither can the letting agent prove that we didn’t send it. I think my partner and I can present a strong case but lack any irrefutable proof of sending the letter.

Again, thanks in advance.

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