Landlord refusing to return overpaid rent

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    #16
    Originally posted by jpkeates View Post
    A deed is useful, but it's not essential, you can have a surrender without one.
    If someone decides to dispute it?

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      #17
      Wow, he has acted with no honor, as said above, the signing of the newest tenancy was a mistake, but lesson learnt i guess.

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        #18
        Originally posted by TenantOnTheEdge View Post

        The numerous nasty messages were him telling me I have to redecorate the entire house - which I did at my own cost, even though the original agreement was that I would only have to make good the 2 bedrooms I had previously decorated (with permission). Him telling me I’m liable for the entire carpet replacement - which I don’t accept as I was there for 8.5 years and this is wear and tear, and him demanding I pay his agency fees for a year for the new tenant - which I refused but agreed to pay them until May when my tenancy would have ended.
        He is also receiving £250pcm (£1850) more than I was paying.
        Well the carpet is rubbish, but your reimbursement of agency fees may be a perfectly reasonable part of a surrender agreement (and should be part of that in a terminated tenancy).

        The problem we all have is that we cannot see the full correspondence and deed signed (if any) so we don't really know how much of what you say is an actual agreement, or an agreement in principle pending other things. If there was a signed written agreement, post it up here please.

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          #19
          Originally posted by AndrewDod View Post

          If someone decides to dispute it?
          The landlords actions confirm there was a surrender.

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            #20
            Originally posted by Jon66 View Post

            The landlords actions confirm there was a surrender.
            Yes my response was a general one. The L may have surrendered by virtue of sticking a tenant in there, but the terms of that surrender are unknown.

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              #21
              Originally posted by AndrewDod View Post
              Yes my response was a general one. The L may have surrendered by virtue of sticking a tenant in there, but the terms of that surrender are unknown.
              Yes, without a deed, that's clearly a risk.
              My point was more along the lines of "while it's a good idea to have a document confirming the terms of the surrender, it's possible to have a surrender without one" than suggesting it was a good idea.

              In the same way that it's possible to have a tenancy without a written agreement, but I wouldn't do that.

              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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