Landlord disputes notice period?

[PurpleDaisy2114]

Any advice- landlord advised they planned to sell property we have been renting for several years. Our rent is due 4th each of each month. We've made some mistakes however 😔 I emailed a letter dated 25th Sept stating we wished to end tenancy on 23rd September. Rental agents quickly pointed out typo and I quickly replied amending to 23rd October. Agents accepted this and agreed checkout date of 23rd Oct. We also posted letter but hubby changed dates on this to end of tenancy being 26th October as letter was dated 26th September.
Rent is normally £795 per month. Hubby checked with agents who agreed to 23rd Oct and stated rent due was £522.47.
Agents have emailed this today

Dear Purpledaisy

Further to our conversation yesterday, the Landlord has confirmed that she does wish for the full notice period to be given.

Therefore, as your notice was dated the 25th September, this would then be effective from the 4th October and your end date of the tenancy tenancy will be the 33rdd Novemberr_.

I appreciate you said that you are purchasing a property and moving out early, however you as the Landlord will not accept the notice given you will be responsible for rent for the period 44thh October to the 33rdd Novemberr_.

Kind regards
agents

Looking at shelter advice we haven't got a leg to stand on have we? We've messed up haven't we and need to pay the remaining £272.53. Even if we don't she will just deduct it from deposit??!
Any advice?

Does it say in your tenancy agreement that you can only give notice on the the first day of each rental month, ie the 4th?
Otherwise I don’t think they can make you pay to the 3rd November.

First of all, is your tenancy for a fixed term or has it rolled over to a statutory periodic tenancy?

Did you have anything in writing agreeing the earlier leaving date? If not Im afraid you are liable for the entire rental month.

If you have a statutory periodic tenancy, the notice must be given to end on the first or last day of the tenancy period, which is probably the day you pay your rent so the notice would end on the 3rd or 4th of the month. This means you must give notice at the latest on the 4th of the preceding month so your last day of the tenancy will be the 3rd. Presumably it is not within the fixed term period or you would probably be able to leave at the end of the fixed term unless your tenancy agreement states otherwise. I'm afraid your landlord is correct. If you got any confirmation from the agent that the agent agreed the early date, then you could possibly rely on promissory estoppel, although you would need to show that you relied on the agent accepting the early notice to your detriment. So for example you instructed your solicitor to exchange and complete contracts for sale early because you relied on being released from your contract early. It's a bit tenuous but is dependent on the circumstances.

@PurpleDaisy2114 if you have an email from the agents agreeing your earlier release from contract & amount owed you are probably fine. This happened to my friend. LL claimed for unpaid rent via deposit as lost new tenants after agreeing early release. Friend provided copy of email from agents confirming new end date and final smaller payment due, TDS found in friends favour. Original contract terms be damned! Always worth refusing all deductions LL try to claim & going via dispute, LL & LA have a funny habit of always claiming too much.

Morning, looking at tenancy agreement it has become a statutory periodic tenancy. We have a completed end of tenancy/final check out form with agents confirming liability is until 23/10 with no mention of rent due until 04/11.
However, this is in TA. Thanks all for your replies.

It is definitely worth arguing with the deposit scheme re this. If the checkout form shows end date with no mention of penalty, you may be able to rely on that as promissory estoppel, see my above post. Don't make the payment and see what the deposit adjudication comes up with.

Sorry, I forgot to say, that even though it is in your tenancy agreement, terms can be varied by agreement of both parties or their agents, which is what you would argue. That the agent agreed to vary the terms. Speak to the landlord about it direct and try to get their agreement and if she won't agree, explain the argument you will be making to the deposit adjudicator. It may be she will split the difference with you. Negotiate!

Thanks Joe. Will speak to
Landlord as you say- had this reply from letting agent.

Unfortunately, your end of tenancy letter was drafted in line with your notice, however once we had taken Landlord’s instructions they do wish to hold you to the correct notice.

See below which is the clause from your tenancy agreement which does state very clear regarding the notice period.