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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 775
Experience:  Solicitor with over 15 years experience.
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I have rented an appartment in birmingham months

Customer Question

hi, i have rented an appartment in birmingham for 6 months with my friend, for which we paid in advance ( all 6 months) and 2 months prior to our moving we received a letter from the agency telling us that if we want to contijnue our stay we should pay another 6 months or if not then we should give them a one month notice in writing (the contract was due to finnish on the 20th of july). because it was sunday the 20th, my firned called on monday to let them know because there was no e-mail address give in the letter, and one agent from the agency said that it is fine, he acccepts our one month notice, just that we should write it down as well. when my friend asked for the e-mail address, she asked to spell it, and the e-mail has been sent succesfuly. i have to mention that my friend is working for almost 2 years at the reception in uk so she knows the alphabet if somebody spells it. on the 9th of july we received a call from the agent that was supposed to take care of our case saying that we have to pay another 6 months because they've never received the e-mail or she will take the 9th of july as the one month notice ( untill the 9th of august) and we have to pay more than 600GBP. we explained her the situation and she said that it was our responsibility to track the e-mail and that she asked at the agency and nobody remebers talking to us. We've sent to her the proof that we spoke at the agency, by showing her the numbers my friend has called from her phone in that day (we asked it from Three) and also when we call to the angency it is said that all the calls are registered for trainning purposes. but still the agency doesn't accept our one month notice from 22nd of June.
Could you please tell me if we can find a way to make them accept our one month notice? Thank you
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
Does your friend have a copy of the email she sent in her email's "sent" folder.
Customer: replied 1 year ago.

yes, just that the address is not right, one letter is wrong

Expert:  LondonlawyerJ replied 1 year ago.
So, was the email delivered (albeit to the wrong address) or sent back non-delivered.
Also you need to look at the contract and see what that says about notice at the end of the contact. On the face of it, unless there is some specific clause then the contract will simply end after 6 months and you do not have to stay, give a month's notice or anything.
Customer: replied 1 year ago.

the e-mail has beed delivered to the wrong address and. unfortunately I don't have the initial contract, and when this agency took the property that we lived in, we did not sign anything. in the letter that we received from them is is said that: "As the Tenancy Agreement requires that Tenants provide one calendar month notice in writing to end the Tenancy, shuld not wish to extend the Tenancy, we must receive your written notice at least one month calendar prior to the end date of the Tenancy.
i will ask Diana if she has the initial contract.

Expert:  LondonlawyerJ replied 1 year ago.
I think you need to get the original tenancy. Are you in the position where you will have to pay rent for 2 places if you give an extra month's notice?
Customer: replied 1 year ago.

no. me and diana vacated already the flat and came to romania and we are going back on 1 st of september to rent something else. i will try to find the first contract. also i wanted to tell you that we did not sign any new contract with this agency.

Expert:  LondonlawyerJ replied 1 year ago.
I think if there is trouble from the agency your position shod be this:
- you signed up for a 6 month tenancy and saw it through. It was clear at the outset that this was to be the case. Assuming this to be true of course)
- You gave verbal notice (hopefully this is confirmed in the email sent to the wrong address)
If you use these arguments you will probably be able to fend off any claim being brought, and if it is brought this would be a perfectly good defence to use in the small claims court if needed.
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 775
Experience: Solicitor with over 15 years experience.
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Customer: replied 1 year ago.


i don't know what to say to this lady from the agency any more.. i will copy you the last mails. what we wrote to her and what she answered.

Dear Debbie,

Sorry for the delay. I understand that you consider that the check-out should be on the 9th of August but this is not fair from our point of view. I have the proof that i spoke with your colleague on the 22nd of June; i called your agency at 15.11pm on that afternoon and i spoke with her for 4.21 minutes were i said all the details regarding our check-out on the 20th of July. I have a copy of my calls as a proof and your agency should have recorded the conversation so please feel free to check.

This situation is clearly a misunderstanding and i don't see why we should take the fault for it when we followed all the correct procedures.

We do not agree with the charges mentioned by you in the previous email (carpet cleaning £70

and rent of 20 days £631.20) so please reconsider them.

Legally speaking we did everything correct, we followed the right procedure for check-out. And we have proof of it.

I don't understand how you can charge us that amount of money for this. Also i rented this flat for 6 month and 4 month of it i stayed with no heater in my room as your agency took 4 month to bring a new one (during winter time i couldn't use my room as it was freezing and i already got sick once because of this matter; after that i stopped using my room). I personally find this a lack of professionalism as from the beginning we told the agency that we had no heat in one room and that the carpet is very dirty that we could't even keep it on the floor also the table we asked several times to be changed and no action was taken regarding this matter, just that you send an engineering to fix a broken table that couldn't even be fixed it need it to be replaced(also the engineer said that as well) but after that nothing happened( so we stopped using the table as it was a hazard in our house) and many more other issues. Also many other problems were found in the flat on our moving day such as pee in the toilet that was smelling very bad, the oven hood was all sticky the carpets in the rooms were all full of hair and the rooms dusty. Following that i find this situation to be ridiculous considering all the above. You are trying to charge us for something that should be handled within your agency, something that is not our problem. The carpet, the heather , the table, the chairs should've been in a decent state from the beginning as we did everything right from our part. So from the beginning we had several problems that weren't handled within this 6 months.I would like to mention the fact that this matters were not handled according to the contract. I'm expecting you to appreciate the fact that we were good tenants in spite of all the above and that we left the flat in a better state than it was when we arrived and reconsider your decision.

Also, as you can see, we are still doing our best to please you but actually you should do your best as well to please your customers as well and to try to provide decent service. Once again i find this situation to be unacceptable so please let's try to sort it out in a friendly manner.

Dear Diana

Your carpets had been professional cleaned prior to you moving in and were dirty when you moved out and it was your responsibility to organise the cleaning of them and not just the cleaning of the flat. The carpets had not been well looked after and I disagree with your statement in your email.

Unfortunately regardless of your argument regarding the notice period, it is your error on the email and we clearly have proof that you sent it to an incorrect email address and notice was not received and therefore you gave insufficient notice to end the tenancy and you remain liable for the rent payment due thereafter, this is the final decision.

ALL notices have to be in writing and addressed to the correct person, no notice would be accepted verbally under any circumstances and you would have been told this by who ever you spoke to.

I am aware that you had issues with the previous managing agents and you may recall that once we took over the management your storage heater from replaced as soon as we could do the works, from initial call out to order to supply and fitting.

I appreciate that you disagree that you have to pay the apportionment of rent, but the law states that proof of sending an email is not proof of receipt the blame does not lie with John Shepherd Lettings, it is your responsibility as a tenant to ensure your notice has been received.

I will process the deposit release as per my original email.

As you can see she does not accept our one month notice from 22nd of June even if we have proof that we called and they have proof as well because all the calls are recorded. do you think that we can find our justice somehow?

Thank you

Expert:  LondonlawyerJ replied 1 year ago.
what does the tenancy agreement say about giving notice?
Customer: replied 1 year ago.

the tenancy agreement signed with the first agency sais :

(9.6) if the tenant wishes to terminate the tenancy at the end of their fixed term they will need to give one months notice in writing which needs to be received at our officec prior to their final payment day.

I have to mention that we the 6 months that we lived there in advanced, on the first day that we moved, when we signed the contract.

Expert:  LondonlawyerJ replied 1 year ago.
On the basis of that the agent may be in the right, but you say above that the agent verbally accepted the notice on the phone. You could argue that they waived the written notice requirement in that phone call. Do you know the name of the person spoken to.
Is the deposit in a scheme? There is a legal requirement that it is. You should ask for details of the deposit guarantee scheme they have used? If they haven't you are in a stronger position.
Customer: replied 1 year ago.
I have the deposit scheme. What should I look for in it?
Expert:  LondonlawyerJ replied 1 year ago.
The point on the notice is that notice was given verbally and accepted. Therefore you are not in breach of anything. The lady who wrote to you was not in the conversation and does not know what was said! You dispute that the carpet we clean when you moved in so simply dispute it.
Do you know when new tenants moved in? |If the had it covered from when you left then they have suffered no loss and can claim no compensation.
Customer: replied 1 year ago.

i just read another time the contract and it states:

" If the Tenant wishes to terminate the Tenency at the end of their fixed term they will need to give one month notice in writing which needs to be received at our office prior to their final payment date" (this being in the contract that we signed with the first agency)

I would like to mention that the final payment date it was when we signed the fixed-term contract( in February) as we payed all six months in advance.

Now, we gave the one month notice on the 20th of June verbally but also we sent the email with all the details to the email address provided by their agency(a lady called Keeley) but then the second lady who we've been emailing to is saying that she can see that we sent and email (as we forwarded to her after our conversation in early July) but she states that "proof of sending an email notice is not proof of receipt" which i do understand(but how should we know that the email provided was wrong and it didn't arrive to the right person?). However my question is, Shouldn't the lady that provided us the email give us the right email address ? How is this our fault if we followed the correct procedures but the agency provided us the wrong details? Shouldn't the lady who made the mistake be liable for this error?

At this point we are in the position that we don't know what to replay to her anymore as we gave her all the proof to show her that we followed the correct procedures (even the time, date and duration of the call that was made on the 20th of June and the initial email) The agency is still claiming that is our fault even if we don't see why.

I'm not quite sure what will be the most appropriate thing to do next in this situation so i was wondering if you can give us an advice.

Thank you!

Expert:  LondonlawyerJ replied 1 year ago.
It might be that you should point out that they have had notice. That you will not pay the money owed. That you want you deposit back and that if necessary will use the dispute resolution system with the deposit scheme.
They can then either decide to sue you for the money or give up. Most likely they will give up.

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