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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71037
Experience:  Over 5 years in practice
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We have been threatened by legal action over a tenancy we left. We

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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

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 4 years ago.
Yes but the actual contract ran out in may

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 C. and 2 other Law Specialists are ready to help you
Customer: replied 4 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
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.

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