i signed a 12 month contract on a flat in november last year, but moved out in august as i have bought a house. I contacted the estate agent for the flat and they said i still have to pay the rent, which i guessed i would have to. However the estate agent asked for the keys back so we gave them in without thinking about it. Now though we are paying the rent on a flat that we don't even have access to should we still pay the rent??
Has anyone else been in the situation?
Also my husband went back to the flat the day he gave the keys in and said someone has been in it as the bed was no longer made, are they aloud to come and go as they please ??
thanks
2006-09-04 01:12:17 · 17 answers · asked by girlinleeds 2 in Business & Finance ➔ Renting & Real Estate
seek legal advice
2006-09-04 01:14:52 · answer #1 · answered by aaron5147 2 · 0⤊ 0⤋
That was extremely foolish to give the keys back on a flat you were paying rent on. Whether you are living there or not, if you paid the rent no one has a right to enter it without your permission or if it isn't an emergency.
If you already paid the rent to the end of your lease, and it isn't against your lease, then sublet or rent the apartment to someone else.
If you can't do that, then have someone stay there as a "guest" to prevent the landlord from double renting it.
Seek an attorney's advice before doing anything.
The point is your landlord cannot have their cake and eat it too unless you allow it which you shouldn't as they made you adhere to the lease.
Don't delay because if this should ever go to court, the longer you delay it makes it look as if you didn't care. Also, you should have made a video or have taken pictures of the flat before you moved to show that you didn't cause any damage. Do that as soon as possible!
2006-09-04 01:31:07 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If they have found an alternative tenant then you should not be paying. However you would have been better advised to discuss the situation in advance with the landlord instead of just thinking you can do a bunk. Since the flat is being let out the landlord is not losing money therefore there is no loss he can sue you for (other than perhaps some extra admin& advertising costs). Best if you have evidence the flat is being let. Also if the keys have been taken from you you can argue that the landlord has accepted that you are no longer the tenant!
2006-09-04 07:54:10 · answer #3 · answered by Frank M 3 · 0⤊ 0⤋
Did you pay only one month's rent? Then, just write it off for experience. Forget it. There is a lesson in it for you. Why did you give the key back? You should not have.
If you have paid first and last month's rent, you can take them to small claims court for the last month's. If you have also paid the key money (a deposit towards damage etc..), I do not know the rules about where you live, in Canada it is illegal.
No, they cannot use the place. This is where they are breaking the rules. You certainly have a powerful arguement against them in the court of law.
If you cannot afford the lawyer, check for landlord/tenant agents that offer free advise in your area. They are familiar with situation like this. Don't delay - call them NOW before it is too late.
If you have signed a 12-month lease, forget about it. It is not worth the paper it is written on. Let them take YOU to court. You will see they won't. If they do, that is even better - you can bring up these points to the judge.
Don't be intimidated by it. Landlords cannot do anything here. Just stay quiet about the whole thing if the financial loss is minimal.
2006-09-04 01:23:19 · answer #4 · answered by Nightrider 7 · 0⤊ 1⤋
The first step is to ask for the keys back as you are still legally responsible for the property but having handed back the keys you have surrendered the property so at the moment they can do what they like.
Remember that a Landlord cannot claim 2 lots of rent for the same period of time so as soon as a new tenancy commences, you are released from your obligations.
Your best bet is to stop paying the rent, it is always better for them to have to get money from you than you having to get money from them. This will at least make them talk to you. I'm assuming that you are tied into the full 12 months and there is no break clause, but you should make sure that you have handed in your notice anyway as this will help you. Chances are that if you don't pay up, they will eventually give up as it is expensive to take it to court.
2006-09-04 06:02:10 · answer #5 · answered by Lewiy 3 · 0⤊ 0⤋
I hope you had more than one set of keys for the place. Anyhow I would contact the landlord and tell them that you would either like to be out of the lease or that you would like to have your keys back. Also check the terms of your lease- Sometimes there is a clause that says that you must occupy the unit in order to be in compliance with the lease. That rule is often established so that nobody can use the unit as their "bachelor pad".
Some people in your situation move out and then still pay the rent even though the landlord rented the place to someone else and they don't even think twice about "double dipping". Technically its perfectly legal to collect rent twice on the same property however it is a very unethical way to do business. If the landlord was able to rent the place to another person, they should let you out of the lease. But as a matter of prinicple you should still have control over the unit.
2006-09-04 01:20:46 · answer #6 · answered by Joe K 6 · 0⤊ 1⤋
Sounds like you needed to manage this a bit more proactively.
What the Estate Agents have done is to rent your property out again - and they probably entitled to do so. You gave the keys back and hence the access to the Estate Agents.
You're out and gone; forget it. Just make sure you have documented proof that you are no longer responsible for the place.
2006-09-04 01:16:04 · answer #7 · answered by Felidae 5 · 0⤊ 0⤋
You should still be able to access the flat you are paying rent on, as you are entitled to sell the rest of your term.
This estate agent is pulling a fast one.
I would talk to a solicitor, and take photo evidence and stop the direct debit to the account (but only after you have talked to both a solicitor and the estate agent)
2006-09-04 01:17:08 · answer #8 · answered by Anonymous · 0⤊ 0⤋
you can leave a flat no shorter then 6 mths no longer then 12 on a Assure shorthold tenancy they cant make you stay 12 months but could stipulate you pay a forfeit for leaving earlier then stated - your contract what does it state regarding notice period i would have said two months before you leave you have to tell them that is it and a normal ata agreement - you should not have to pay till the end of the contract that is not good ata agreement - check this!
2006-09-07 23:08:55 · answer #9 · answered by ruddy 3 · 0⤊ 0⤋
That would be the clause in the contract. You shouldn't have given them the keys back until your rent had run out. But now the keys are back it's their property again.
2006-09-04 01:15:45 · answer #10 · answered by koolkatt 4 · 0⤊ 0⤋
If you are paying the rent on it, it is still yours. They can't charge you and let other people use it.
I would have a lawyer write a letter to them and put a stop to it.
2006-09-04 01:33:49 · answer #11 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋