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