Before I start major debate with former landlord about withholding most of our bond... any experts on here?

[MrsBigD]

Not sure where to start...
took her 3 emails and one recorded letter from me and nearly 3 months to reply.

Synopsis of moving out:

end of contract was 7/2 this year
we had asked whether we could stay till 18/2 IF we haven't found anything suitable to move to. She agreed.
However we found something suitable and moved out at end of contract.
She wasn't in the country so got 3rd party to check us out of the flat which she accepted.

Now finally got response from her and to say I'm fuming is an understatement.

Some of her 'charges' I do not dispute. However she says we owe her another month's rent because we still had one key (we had returned the 3 keys we originally were given) as I had planned to remove some furniture we had left there. She claims that because of that she couldn't let out the flat because we still had access...

imho though...
a) she wasn't in the country till 18/2
b) she wanted/needed to redecorate
and wouldn't have been able to let the place out for that period of time anyhow.
Also as she knew I had a key and if it was the issue she knew exactly where to find me.

Further I did actually do the paperwork so the flat would be exempt from council tax for the time it wasn't occupied.

Also she claims the place was a mess and the kitchen wasn't cleaned and rooms not vaccuumed... erhem I spent 2 days cleaning the place and 3rd party who checked us out commented on smell of detergents... but that's only a minor gripe. And kicking myself for not taking pictures upon vacating the flat.

Main gripe is the extra month's rent.

Is she allowed to do that?

any comments welcome!

TIA

Ooh, a friend of mine rents out property and just finished a humdinger of a legal dispute with some old tenants that went on for years. That was over deposit issues.

I think the fact that you still had furniture on the property, and a key, doesn't look good re. the month's rent thing.

Surely you gave written notice that included a date of intent to vacate? I think it is up to her to prove youdidn't.

I'd be mad too...

I think she is "allowed " to do pretty much whatever. Having a key and leaving stuff there it could well be deemed that you hadn't vacated on 18th as agreed.

Mrsbigd, was all of this agreed in writing?

My friend had a dispute recently with her landlord and I think now it has to go through some independent body to be sorted (like arbitration) maybe you should check with your letting agent as they could put you in the right direction

the 18h wasn't put in writing. the vacating date was 7/2 as per contract.

I'm especially irked at the fact that she wouldn't have been able to let the place anyhow because she was away and then redecorated...

I can understand why you are irked but that may well not be relevant. If the departure date was officially 7th but , at that date, it was still not technically vacated (ie you had access and possession there) then she may well have a claim .

So when did you actaully "vacate" - ie when did you empty the flat? If your furniture was in there then technically you hadn't vacated. I'm afraid it's not relevant if she couldn't have let the place anyhow.

we checked out on 7/2 and the 'furniture' left were a small changing table and a couple of small items. Nothing huge. Just didn't get round to dispose of it as things went wrong with the movers and I was trawling back and forth with my little car... no excuse I know but she's making it sound like I left a whole estate there...

If nothing else I am definitely going to write to her and nicely request copies of the invoices for the costs she lists.

Don't think that is unreasonable. How far past 7th did you actually remove the remaining stuff and hand back the key - could you negotiate it by weekly rate rather than a whole month as a compromise ?

I don't think leaving things in the apartment means you didn't vacate and she can therefore charge you rent. I do, however, think she could charge you for the cost of having the things removed. So, as her for a removal bill, not rent.

In fact, you should just ask her for a complete list of bills showing the costs she incurred and then later point out there was no removal bill.

she did charge us for removal cost of the items...