Landlord/Letting Agent are attempting to claim additional rent after the end of our tenancy, England

Hi All

Sorry this is a bit of a long one, so I will try and keep it as brief as possible.

My husband and I were living in a rental property for 3 and a half years, always paid the rent on time, but the letting agent has always been a nightmare (multiple admin errors, attempting to overcharge rent for a period, etc). We had a good relationship with the Landlords (or so we thought) during our tenancy.

We decided to upsize this year and found a property at the beginning of June. Our contract began on the 6th February 2023 so this was month to month as of the 6th. We had originally been required to give 1 months notice as per our contract, but I understand the new renters rights in May changed this to 2 months. We gave official notice in writing on June 16th citing 2 months notice, but let them know that our new property was actually available on August 5th. We had hired movers and cleaners, so we let them know that we would be getting all our property out that date and could hand the keys back on the 5th, prior to a new tenancy month starting but if we needed to pay anything additional on a pro rata basis to let us know.

They received the notice as they sent someone straight round to check the condition of the property to put this back on the market. We raised the above with the gentleman who visited in person, and he stated “so we could put this as available to let from the 10th August then” and that they would let us know on the checkout and if there were any additional days required. There were multiple viewings and the property was let agreed following a bunch of viewings on July 11th. The board outside and the website listing were changed to let agreed. We’d had no communication from the letting agent about the checkout process so asked the agent doing the viewings via text (different to the first gentleman who visited) about this and any further costs as we hadn’t heard anything. He just advised us to email again. We only heard from him again when the initial person they had let the property to fell through and they wanted to arrange more viewings.

I sent a chaser email to the email address we’d sent the notice to (so I know they were receiving our emails) but once again we had no reply. As we had paid the final full month’s rent, and were moving out before a new month was due, we cancelled the standing order at the end of July and let them know that we had done so citing that unless stated otherwise as we had received no communication from them, we considered everything had been paid and there were no further costs. I had to ring the letting agent on August 3rd about the checkout process as we had still had zero communication from them. They told us to drop the keys back at the office directly, and they would pick them up the next day to do the checkout independently, even checking on the day of that everything was going ok and we were still going to drop them back saying that we could drop them through the letterbox if no one was around.

They conducted the checkout process the day after on the 6th, listing everything on the report as being in good condition bar standard wear and tear, but a week later I received a call from the letting agent stating that we had an outstanding overdue rent payment of £567. I asked them what on earth they were on about and they stated that as we needed to give a full 2 months notice and were already part way through June, that really we should’ve been there up until September 5th, but they were only charging us from August 1st to August 15th to coincide with the notice to vacate. I told the letting agent that we had asked them about this on multiple occasions but received zero communication from them so he dropped the subject.

Thankfully we had done the no deposit scheme and therefore they couldn’t hold our deposit, and instead had to submit a claim through flatfair. They requested £560.55 for unpaid rent, which was a different amount to what we were told on the phone, with an additional claim of £2160 of damages (which is a whole other story in itself and an absolute joke). We disputed the claim on flatfair in adequate time stating that as they had listed the property as available to let and accepting the keys on August 5th they implied acceptance of the early end date. The dispute has been awaiting their response but yesterday at 8:01am on Sunday morning, we received an email stating that they had “just tried to call” (they hadn’t) and that we had an outstanding amount of £509.59 that we had to pay within 3 days otherwise they will start legal proceedings (so a different amount yet again!).

I’ve looked up the legalities and I replied stating that they implied acceptance of the surrender by accepting the keys and putting this as available to let from the 10th, that they cannot claim additional rent for this period if they have marketed it as available, that they have given several different amounts but that as this dispute is pending resolution through flatfair to essentially cease sending legal threats through separate communications.

They’ve basically responded treating me like an idiot stating that the new tenant they found didn’t move into the property until the 28th, and that viewings during our tenancy don’t count as a new tenancy starting during ours, so therefore we are liable to pay up to the 16th August. That their email and Flatfair are the same claim, they’re not making 2 claims (like, yes, I know this) and that cancelling the standing order doesn’t mean I’m not liable for the additional costs.

Am I right that by them not disputing the dates of us vacating the property, providing zero communication on any additional costs and marketing it as available to let and (whilst that person backed out) even originally letting it constitutes that they have accepted the early end of the tenancy? Or are they correct and I don’t have a leg to stand on? This is really stressing me out and although I’ve spoken to citizens advice, I just want some additional clarification