How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70412
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

We have been threatened by legal action over a tenancy we left. We

Resolved Question:

We have been threatened by legal action over a tenancy we left.
We left in September but couldn't give notice or keys back due to letting
Company closing down we had no details for landlady and contract signing
Was not landladies a different name was given she wants rent for August, sept and oct
As no notice period was given. Deposit wasn't secured and we haven't tried to
Recover as I agree we should pay august as we were there then. She also wants the
Deposit and julys rent but we have proof we paid that month. Will she win
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is this an assured shorthold tenancy agreement please?
Customer: replied 3 years ago.
Yes but the actual contract ran out in may
Expert:  Jo C. replied 3 years ago.
Thanks.

If the contract finished in May then you will be on a periodic tenancy agreement. She was still entitled to notice and you didn't provide any so the starting point is that you are liable.

Obviously you are not liable for July's rent if you can prove that you paid it.

However if you left without giving notice then she probably will get to keep the deposit I'm afraid to reflect the loss of rent that she suffered.

You do have a claim against her under the Localism Act for three times the sum of the deposit as she didn't protect is during an AST. The practical reality is that you would only get the sum of the deposit but it might mean that her award for the absence of notice is dismissed or reduced.

Hope this helps. Please let me know if you need more information.

Jo

Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
But are we liable for the three months she wants as we had to wait for her to find us as we had no personal details for which is against the law
Expert:  Jo C. replied 3 years ago.
No, but you are liable for the length of time it took her to find a replacement tenant.

She will have to prove that she has looked to the satisfaction of the court.
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/