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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71273
Experience:  Over 5 years in practice.
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I have problem with old property , we gave notice

Customer Question

hello :) I have problem with old property , we gave notice 2 months to agency , but after one month we went there ask that we can give key earlier to not pay another month of notice they agree and they took the key, now when we try take deposit back they charge us for this month, where we gave key already back plus the landlord was there every day doing some jobs plus agency show this property to different people , and they said we are responsible for this house till 22 september when its mean its finished this two month notice but nobody ask us that they can get to the house if we are responsible , i know i write little complicate but i just wonder u can help me
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

i would like to know they are able to take all last month payment if we didn't been in property more than a month

Expert:  Remus2004 replied 2 years ago.
Did a new tenant move in?
Customer: replied 2 years ago.

No they didn't move in yet , but like I said if they said we are responsible for the house till 22 september and pay this money they agency shouldn't take take key and make us think different and now they don't wanna talk with us they keep saying we have to pay this is in contract but like i said ok but why u says different before take the key back let people in side to house plus do any jobs there when we didn't agree for nothing, i know we are foreign but not stupid people , that why we looking for help and advice what we can do

Expert:  Remus2004 replied 2 years ago.
It is not that simple I'm afraid.
Handing over the keys is prima facie evidence of the surrendering of the property but it isn't conclusive. You could try to rely on it. They shouldn't really have asked for surrender of the keys if they proposed to charge you for the rental period.
One can understand that they needed to do remedial work on the property but they didn't need to exclude you to do that.
There is a risk that a court could say that you shouldn't have handed over the keys. it is difficult to say. If a court accepts you were excluded and they were doing work then probably they would not get away with charging you.
If they refuse to pay the deposit then your only option is to sue or complain to the scheme if it is protected in a bond.
Can I clarify anything for you?
Customer: replied 2 years ago.

Not too much is any possible i could speak with you on phone 5 minute now ? because i really don't know what to do now and what i can say to them , Marta

Expert:  Remus2004 replied 2 years ago.
I have sent an offer.
Or we could just follow up on here.