The Guinness Partnership Limited (202330646)

Background

1. The resident, who has dyslexia and has difficulties with reading and writing, gave verbal notice to the landlord in May 2023 to end his tenancy at the property. The landlord helped him to complete the required form to end the tenancy. This was submitted by the resident, with the landlord’s help on 5 June 2023. He moved out that same day.
2. The tenancy agreement says that 4 weeks written notice is required to end the tenancy. As such, the landlord continued to charge the resident rent for the property for 4 weeks after the resident had submitted his written notice to end the tenancy.
3. The resident made a complaint and said that the requirement of the tenancy agreement to given notice in writing was discriminatory. He said that as he had given verbal notice, in light of his dyslexia, the landlord should only charge him rent up to the day he moved out.
4. Within its complaint responses the landlord explained that, as per the tenancy agreement, the resident was required to give 4 weeks written notice to end the tenancy. Based on this, it had ended the tenancy on 9 July 2023. It noted that the resident had not disclosed any vulnerabilities or dyslexia to it before the complaint. It concluded it was the resident’s responsibility to pay rent up to the end of the tenancy.

What the complaint is about

5. The complaint is about the landlord’s:
   1. Decision to continue to charge rent during the 4 week notice period after the resident had confirmed in writing his wish to end the tenancy.
   2. Response to the resident’s belief that it had discriminated against him on the basis of a protected characteristic.

Our decision (determination)

6. The landlord’s decision to continue to charge rent during the 4 week notice period after the resident had confirmed in writing his wish to end the tenancy is outside of our jurisdiction.
7. The landlord’s response to the resident’s belief that it had discriminated against him is outside of our jurisdiction.

Reasons

8. We do not investigate complaints where it would be quicker, fairer, more reasonable or more effective to seek a remedy through the court, tribunal or other procedure. In this case, the complaint, as set out above, is better dealt with by a court. A court would be in a position to make a finding on whether there has been discrimination by the landlord in requiring written notice to be given to end the tenancy and thereafter decide whether it was appropriate for the landlord to continue to charge the resident rent during the written notice period. These issues are not ones we are able to determine.