I would really appreciate some advice on the following......
I signed up to a 12 month shorthold tenancy agreement in Feb 09. Due to a house purchase I contacted my landlord (via lettings agent) to discuss ending the tenancy. It was agreed that the tenancy could end once a new tenant was found and that I would pay the agency reletting fee of £1092.50.
I paid my rent on the 13th September for the period 13th september to 12th October. Viewings took place and the agency advised they had a new tenant keen to move in straight away. It was agreed that I would vacate the property and my tenancy agreement would terminate on the 24th September with the new tenant taking possesion on the 25th September.
I paid the reletting fee as agreed.
I then had to chase my landlord for the return of my deposit and refund of overpaid rent. After four weeks he finally returned the deposit but is refusing to refund the overpayment of rent stating we seem to have a "misunderstanding." He is stating he "does not deem it necessary to make a goodwill gesture and repay the overpayment." He also stated that as the rent is paid on a monthly basis in advance my calculations for a refund are "meaningless."
The thing is I have a letter from the letting agency stating the landlord agrees to us terminating the tenancy early and it clearly states "any rent you have paid after a new tenancy agreement comes into effect will of course be refunded to you."
The landlord has stated the agency did not speak to him regarding a refund and that its not a legal requirement and if we have an issue maybe we should take it up with the letting agent!
I'm now considering taking him to the small claims court as the sum in question is £570. Any advice on whose right here would be appreciated before I start filling out all the forms!!
I signed up to a 12 month shorthold tenancy agreement in Feb 09. Due to a house purchase I contacted my landlord (via lettings agent) to discuss ending the tenancy. It was agreed that the tenancy could end once a new tenant was found and that I would pay the agency reletting fee of £1092.50.
I paid my rent on the 13th September for the period 13th september to 12th October. Viewings took place and the agency advised they had a new tenant keen to move in straight away. It was agreed that I would vacate the property and my tenancy agreement would terminate on the 24th September with the new tenant taking possesion on the 25th September.
I paid the reletting fee as agreed.
I then had to chase my landlord for the return of my deposit and refund of overpaid rent. After four weeks he finally returned the deposit but is refusing to refund the overpayment of rent stating we seem to have a "misunderstanding." He is stating he "does not deem it necessary to make a goodwill gesture and repay the overpayment." He also stated that as the rent is paid on a monthly basis in advance my calculations for a refund are "meaningless."
The thing is I have a letter from the letting agency stating the landlord agrees to us terminating the tenancy early and it clearly states "any rent you have paid after a new tenancy agreement comes into effect will of course be refunded to you."
The landlord has stated the agency did not speak to him regarding a refund and that its not a legal requirement and if we have an issue maybe we should take it up with the letting agent!
I'm now considering taking him to the small claims court as the sum in question is £570. Any advice on whose right here would be appreciated before I start filling out all the forms!!
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