As a continuation from our situation with the letting agency.
On 25 March 2014, as soon as we had confirmation from the landlady that the property we wanted to let had fallen through, we immediately contacted our current letting agency, by phone and asked to speak to the Property Manager, Sam. However, his colleague Mike said he was busy so we explained that we were not able to vacate the property on 29 March 2014 as requested. Mike explained that we would have to pay the daily rate of the monthly rent (£730), to which my housemate and I agreed, whilst we quickly seek another property to let. Then later on that afternoon about a couple of hours later, Mike called back to say Sam had left the building, and heard nothing from him. Then on 29 March 2013, we received an email from Sam which is as follows:
Morning Mr Smith,Further to your telephone conversation with my Property Manager XXXXX XXXXXon I am sorry to hear that the property you were moving to has fallen through. I understand you will not be moving out of the property today, the landlord is currently overseas and we have informed him of this.730.00 as normal and I have below provided the account details to which you can pay this. Please use the property address as your reference. If you then find a property which you can move in to and accelerated rent is due back we can make the necessary arrangements to reimburse you this.Once you have moved out and keys have been returned with vacant possession I will then carry out the checkout report and report to the landlord. I will be in contact within 10 days of the above with regards XXXXX XXXXX return of your deposit, this will be sent to you by way of cheque which will be sent to your forwarding address.I hope the above answers the questions you have raised but if I can be of any further assistance then please do not hesitate to contact me.Have a nice weekend,Kind RegardsSam QuinnProperty Manager
It has taken the Property Manager 4 days to respond to us, however will before that time, we had stopped the monthly payment as we were expecting a bill for the daily rate spent in the property, now Sam is asking for a monthly rate to be paid, which is then returned. I don’t recall seeing that written in the Tenancy Agreement.
However, I have noticed the Tenancy Agreement does contain the following:
(ii) To pay the Landlord's costs and expenses including any administrative, legal or professional fees incurred as a result of a Tenant's breach of any covenant.
(i) if the said rent or any instalment or part of it shall be unpaid for 14 days after it shall have become due (whether formally demanded or not)
Is Sam allowed to make the above request after taking 4 days to respond to us, or can my housemate and I stick to the daily rate his colleague, Mike asked us to pay? Now the Letting agency still have the deposit and in a letter dated 03 March 2014, making requests with regards XXXXX XXXXX leaving the property on 29 March 2013 it states: “....Failure to comply with these requirements may lead to expenses incurred in remedying your contractual and/or statutory obligations being charged against your deposit as compensation to the landlord. This may include but not necessarily be restricted to cleaning, replacing, repositioning costs and any associated administration costs involved....”
The letter also instructed us to : “..If you pay your rent by standing order, please notify your bank to cancel this instruction to coincide with the tenancy term. If standing orders are received after you have vacated, an administration fee of £30 including VAT, will be deducted to process this overpayment and return it to you by cheque…” So we cancelled the standing order for the rent on the belief we would have vacated the flat by that time.