Thank you Law.
Below is my last email to the agent, ccing the landlord, and the rent collector.
In order to start to take the matter to small court, how would recommend to proceed?
Email sent today (afternoon)
I just called your office and spoke to Jacob about the end of my tenancy agreement.
He hang up the phone without giving me full justication on the below.
Michaele said yesterday on the phone that the landlord would start the work on the 19th of March (see below email) and just now admitted that he gave the key to the builder yesterday so they can carry the work. Which one is it exactly?
Also, I am not sure I understand how I can be responsible for a property if your agency or the landlord gives access to third parties without notifying me.
Is there anyone else I can talk to as I still do not understand why I am responsible for the property?
Other email sent on 04/03/2013 (afternoon)
Further to the below email.
I am reluctant to pay any rent for the property at xxxxxxxxxxxxx after the agreed move out date of 3rd March (the Landlord agreed and you were fully aware of this date since January). I do not believe that I am legally responsible for the invoiced amount of £893.26.
The rent invoice initially stated that I will be responsible for the rent up until the 25th March, this has now been amended to 19th March. The reason behind this, as stated in your email and explained by a colleague of yours (Michael) on the phone this morning, is because this date is when the landlord takes possession of the property to start the work that is needed inside.
I went to the property at 12.30pm today as agreed to drop off my keys. You may then understand my surprise to find people in the house and the work to have begun in full force today. This means that therefore instead of taking possession of the property on 19th to start work, the landlord has in fact taken possession of the property on 4th March which fits in perfectly with my move out date of 3rd March.
The contract states that ‘rent will be due up until … the landlord or a new tenant takes possession of the … property’. The above therefore negates my responsibility to pay the invoiced amount.
As the landlord has taken possession of the property and agreed to receive my keys at 12.30pm today I believe that I am no longer liable for the rent or the property under the contract that has been signed.
PS: Attached are few pictures (of both the upstairs and downstairs bathrooms) taken today (04th of March) showing that the building work has already started. According to the builder, the job was agreed with the landlord to start on the 04th of March 2013, about 2 weeks ago.
Email sent on 04/03/2013 (in the morning)
As per our phone call this morning, I will be leaving the 2 set of keys for the property above at around 12:30PM.
The keys will be on the shelves opposite the entrance door.
NB: As indicated before, for safety and security reason, shall you need to do a viewing, please do not switch the light on in the downstairs bathroom.