Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know what is it up you want to achieve?
I have sent a long and detailed explanation - I was expecting I got an answer back???
and it says you're not even online............how does that work then?????
Alex Watts : I am on and offline as am on the train to court
OK - have you studied my detailed question/situation?
Alex Watts : what does your notice period say in your contract?
Alex Watts : Did the landlord ever agree to 25th?
Alex Watts : Are you there?
I don't have a contract, my short term fixed one lapsed so, as I state in my notes I presume I roll over to a periodic one. from end of 12 month fixed it was directly dealt with by landlord
Alex Watts : Yes I know are on a periodc tenancy.
Alex Watts : Did the landlord ever agree to you moving on 25th or was it only the agent?
I believe that email conversations with landlord where we agree to meet at property on 25th January and take meter readings, do fixtures and fittings, hand over keys etc would say they did.
I think my point is that once they gave me 2 months notice I can then give one month back at any time?
The email after that came from Countrywide and confirms landlord agreed to 25th as end of tenancy
no further correspondence with landlord since
Alex Watts : Ok then you do not owe any rent beyond that. Ordinarily as a periodic tenant you would be liable for the full billing period. But if the landlord or his agents accepted you were to leave by 25th which is technically early and through one billing period then you are not liable
Alex Watts : This is because they have accepted this on behalf of the landlord
Alex Watts : And they are agent, so act as landlord
Alex Watts : You are entitled to rely on that.
Alex Watts : Can I clarify anything for you about this tofay please?
I think landlord will dispute they agreed to 25th as did say they were 'accepting I left' but my liability exytended to end of payment period on 8th Feb
so if they argued that does the fact they gave me two months notice but I have decided to go earlier not apply anyway?
Alex Watts : But from what you have said the agent accepted it ended on 25th and you relied on that.
That is the email I have but both agent and landlord say only I have that email
Alex Watts : Sadly if they have given you 2 months, which is what is required by law, that does not entitle you to end early. You would still still need to see out the billing period
Alex Watts : That email is something you can rely upon
the person that sent it was the same named person that had been in contact with myself and landlord initially arguing I was liable. I was suprised when the email saying 25th Jan OK came in as it was out of teh blue and against conversation earlier in that day
Alex Watts : Either way if they pursued you it would be a small claim, legal costs can't be recovered so it would be a waste of time.
Alex Watts : it would cost the landlord more to pursue you in court than the likely rent
Alex Watts : Can I clarify anything for you about this today please?
so it all boils down to the email I have from the agent? The rental amount in question is around £540 so not sure they won't pursue me anyway.......
Alex Watts : ok, but even if they get a solicitor involved at £200 an hour it won't take much before it's not economical
no solicitor for small claims court, dead easy and cheap.......
Alex Watts : Yes but he may get a solicitor to draft proceedings or attend court.
does it all hinge on the email I have from the agent
Alex Watts : That is when it becomes uneconomic
Alex Watts : Yes it hinges on the email.
Alex Watts : Technically you are liable for the period.
Should I just send the email to the agent and landlord to try and kill this issue stone dead now
Alex Watts : to Feb. That's because you have a months contract
Alex Watts : Unless there is an express agreement that says otherwise, in this case the email
Anything else I should consider? Given nobody is talking to me or returning calls and emails should I just sit and wait - I presume they know the two month rule is correct and don't believe I have the email off the agent
Alex Watts : Perhaps you should write not email including a copy of that email.
Alex Watts : Say there was a representation and you relied upon it.
Alex Watts : Does that help?
Alex Watts : can I clarify anything else for you?
Alex Watts : Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen
Alex Watts : if you need more help please click reply.
Alex Watts : Good luck with this