The Student Room Group

Urgent advice needed: Landlord from Hell, contract dispute

Hi,

I understand that TSR isn't a place to seek legal advice, but I just want to know what the general consensus is for my situation.

I'm renting a student house via a private landlord. The contract is 12 months and ends today. The tennancy agreement states the contract is from 1st July 2015 to 30th June 2016.

As I finished uni a while ago, I haven't been in my uni city for some time and was planning to move my things from the property in the evening today. However, my landlord says she wants a payment for 2 weeks worth of rent in july on this Friday. When I asked her why, she said it is because I am "checking out of the property late" because apparently my contract ends at 11am today.

I read the tenancy agreement again and nowhere in the document does it specify that the property must be vacated before 11am.

Am I justified in refusing to pay another two weeks rent? Am I allowed to put forward a formal complaint to the lettings agency she is registered under?

Many thanks in advance

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Original post by Anonymous
Hi,

I understand that TSR isn't a place to seek legal advice, but I just want to know what the general consensus is for my situation.

I'm renting a student house via a private landlord. The contract is 12 months and ends today. The tennancy agreement states the contract is from 1st July 2015 to 30th June 2016.

As I finished uni a while ago, I haven't been in my uni city for some time and was planning to move my things from the property in the evening today. However, my landlord says she wants a payment for 2 weeks worth of rent in july on this Friday. When I asked her why, she said it is because I am "checking out of the property late" because apparently my contract ends at 11am today.

I read the tenancy agreement again and nowhere in the document does it specify that the property must be vacated before 11am.

Am I justified in refusing to pay another two weeks rent? Am I allowed to put forward a formal complaint to the lettings agency she is registered under?

Many thanks in advance


I'm pretty sure if there is no written record of her saying that, and it's not on the contract, then she cannot enforce it. However, you could ask the Citizen's Advice Bureau, as they can give you actual legal advice.

You should check any emails or letters from her too, as well as the contract. It does seem she's just trying to shaft you for a bit of extra cash.

Good luck!
As well as CAB, Shelter should be able to advise you.
Reply 3
Original post by Anonymous
Hi,

I understand that TSR isn't a place to seek legal advice, but I just want to know what the general consensus is for my situation.

I'm renting a student house via a private landlord. The contract is 12 months and ends today. The tennancy agreement states the contract is from 1st July 2015 to 30th June 2016.

As I finished uni a while ago, I haven't been in my uni city for some time and was planning to move my things from the property in the evening today. However, my landlord says she wants a payment for 2 weeks worth of rent in july on this Friday. When I asked her why, she said it is because I am "checking out of the property late" because apparently my contract ends at 11am today.

I read the tenancy agreement again and nowhere in the document does it specify that the property must be vacated before 11am.

Am I justified in refusing to pay another two weeks rent? Am I allowed to put forward a formal complaint to the lettings agency she is registered under?

Many thanks in advance


Yes and yes. 11am is ********. do NOT give in :yep:
Reply 4
Thanks guys, I really appreciate it. She's being trying to shaft us of money all year and taking advantage of the fact that we're young students.

My room has been emptied out anyway, I just have a few boxes in the living room that I need to shift. My housemates are still living there for an extra week.

So I replied to her to say that my room has already been emptied, therefore I'm already checked out. Should I have done that? Or should I have not said anything
If it's not in the contract then she can't charge you for it. You will need to return the keys though, so try not to leave it too late to move out. Don't leave moving out fully till tomorrow, because this will give her an excuse to mess with you!

It sounds like she has the house empty for a bit (reducing her earnings), and she wants to get you to pay for it.
From what one can understand your contact ends June 30th, 2016 then it should officially end today at midnight. Now, if she does not have any information or details about when the contact ends officially, like time and so on then it would not make any sense for her to enforce a "checking out of the property late" fees. I would personally not give out any payments until I have taken legal advise from someone who knows what they are talking about.

The best idea would be that you get some legal advise, contact CAD and even the lettings agency to explain the situation. Good luck!

(I am not a legal adviser or giving legal advise so anything I say could be wrong.)
Read the contract and make sure. I would be looking at the bit where it covers the term of the tenancy plus the bit where it might have a procedure for vacating. Read what it says carefully, although you say you have. You have until midnight, unless it specifies otherwise.

Obviously dont pay it if it is silent.
If it doesnt say anything, then speak to Shelter, but they will say the same. You only need to speak to them to say to her that you have spoken to them, which might just stop her messing around

You then have to make sure you get your deposit back. Obvioysly dispute it. get some form of evidence that you left today.
Reply 8
Also OP, you can use this thread as proof "in writing" that she's been messing around :sly:
Reply 9
Triple check there's no time mentioned. Ours specifically said 10am, hence why I moved yesterday. Till you hand in your keys, you haven't moved out.
If it fails to stated a time I'd also assume midnight, and refuse to pay.
But worth contacting CAB JiC.
Original post by Inazuma
Triple check there's no time mentioned. Ours specifically said 10am, hence why I moved yesterday. Till you hand in your keys, you haven't moved out.
If it fails to stated a time I'd also assume midnight, and refuse to pay.
But worth contacting CAB JiC.


I've read through the contract I that I signed last year multiple times and I can't see anywhere that states 11am. None of the emails I received and retained from the landlord from last year state 11am either - just 30th June 2016. I'm worried she'll bring up some rule from somewhere that specifies 11am so I have no way out of it
Original post by Anonymous
I've read through the contract I that I signed last year multiple times and I can't see anywhere that states 11am. None of the emails I received and retained from the landlord from last year state 11am either - just 30th June 2016. I'm worried she'll bring up some rule from somewhere that specifies 11am so I have no way out of it


You can always ask her to clarify and get her to identify what bit of the contract she is relying on.

Have you got your deposit back yet?
Original post by 999tigger
You can always ask her to clarify and get her to identify what bit of the contract she is relying on.

Have you got your deposit back yet?


I will do that if she demands money from me tomorrow. Nope. The contract states there may be some time before I get my deposit as the house has multiple tennants and processing takes a while, so I'll see what happens with that in the coming weeks
Original post by 999tigger
You can always ask her to clarify and get her to identify what bit of the contract she is relying on. Have you got your deposit back yet?
I will do that if she demands money from me tomorrow. Nope. The contract states there may be some time before I get my deposit as the house has multiple tenants and processing takes a while, so I'll see what happens with that in the coming weeks
Oops sorry for multiple posts, I'm on a train and my signal is dodgy!
Original post by Anonymous
I will do that if she demands money from me tomorrow. Nope. The contract states there may be some time before I get my deposit as the house has multiple tennants and processing takes a while, so I'll see what happens with that in the coming weeks


She could try and take it out of your deposit. Find out which deposit scheme it is lodged with and have a word with them about whether she can try and claim back this alleged non payment and the steps you need to take to resist it.

Make sure you have fully vacated today and handed the keys back.
is there a post exit inspection or inventory to go through? That is another wau to attack your deposit.

Talk to Shelter or CAB today, so you can use their name if she tries it on tomorrow.
I cant see your tenancy, so have to trust that you have read it correctly and that you have provided all relevant facts.

Just ask her to clairfy where it says that and then come back with the fact you have spoken to xyz and they said no.

By that time you should have all your stuff out, so the only options are for her to go after your deposit or sue you. Imo she is just trying it on.
Original post by Anonymous
Hi,

I understand that TSR isn't a place to seek legal advice, but I just want to know what the general consensus is for my situation.

I'm renting a student house via a private landlord. The contract is 12 months and ends today. The tennancy agreement states the contract is from 1st July 2015 to 30th June 2016.

As I finished uni a while ago, I haven't been in my uni city for some time and was planning to move my things from the property in the evening today. However, my landlord says she wants a payment for 2 weeks worth of rent in july on this Friday. When I asked her why, she said it is because I am "checking out of the property late" because apparently my contract ends at 11am today.

I read the tenancy agreement again and nowhere in the document does it specify that the property must be vacated before 11am.

Am I justified in refusing to pay another two weeks rent? Am I allowed to put forward a formal complaint to the lettings agency she is registered under?

Many thanks in advance


Given the thread title I was expecting the situation to be much more complicated.

This is something you can definitely discuss with your agency in a chill and calm manner.
Original post by 999tigger
She could try and take it out of your deposit. Find out which deposit scheme it is lodged with and have a word with them about whether she can try and claim back this alleged non payment and the steps you need to take to resist it.

Make sure you have fully vacated today and handed the keys back.
is there a post exit inspection or inventory to go through? That is another wau to attack your deposit.

Talk to Shelter or CAB today, so you can use their name if she tries it on tomorrow.
I cant see your tenancy, so have to trust that you have read it correctly and that you have provided all relevant facts.

Just ask her to clairfy where it says that and then come back with the fact you have spoken to xyz and they said no.

By that time you should have all your stuff out, so the only options are for her to go after your deposit or sue you. Imo she is just trying it on.


There is a post check out inspection I think, but I can't see what she could take out of my deposit as my room is empty with everything as I left it - I've even painted over peeling paint in the walls (caused by damp, not me) so she can't complain.

The instructions for check out was to clean everything, remove rubbish and belongings, and "leave the keys in a visible place for collection". As there are people who are still living in the house the only thing required from me is to clean my room thoroughly and get rid of my stuff... I can't see any way she could complain.

I'll find out about the deposit scheme and ring them. It's difficult to do today as I'm travelling on trains a lot; do you think it will make a difference if I do it tomorrow morning?Thanks a lot for this advice by the way. Have you been through something similar?
Original post by InvestmentBankin
Given the thread title I was expecting the situation to be much more complicated.

This is something you can definitely discuss with your agency in a chill and calm manner.


She's been dodgy all year, picking and choosing which emails to reply to and when, and trying to get as much money out of us as possible. On top of not dealing with maintenance issues in a suitable manner eg leaks in the roof, broken household appliances (not due to our fault), damp and mould that was in the house before we moved in. It's unfair for her to take advantage of us like this just because we're students, and I'm tired of her lying - especially the outright lie about an 11am checkout.

I don't want someone else to have to deal with the same thing in the future, so if I can, I will get her removed or or at least penalised/warned by the letting agency. It's not right to take money from people and not respond to their basic living requests.
Original post by Anonymous
There is a post check out inspection I think, but I can't see what she could take out of my deposit as my room is empty with everything as I left it - I've even painted over peeling paint in the walls (caused by damp, not me) so she can't complain.

The instructions for check out was to clean everything, remove rubbish and belongings, and "leave the keys in a visible place for collection". As there are people who are still living in the house the only thing required from me is to clean my room thoroughly and get rid of my stuff... I can't see any way she could complain.

I'll find out about the deposit scheme and ring them. It's difficult to do today as I'm travelling on trains a lot; do you think it will make a difference if I do it tomorrow morning?Thanks a lot for this advice by the way. Have you been through something similar?


Take some photos and if you have a friend in the flat get them to take some as well. Its just about covering your back. If you have to leave the keys somewhere visible, then do so sensibly and take a date stamped photo plus get someone to confirm it just in case.

No it wont make any difference contacting them tomorrow. the other flatmates might know. She may not even have put it in a scheme as she is required to do in viortually all situations, but you cna leave that for another day.
I wouldnt worry really she is just trying it on, just take precautions. Its a good lesson to learn for dealing with future LL's.

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