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  • FIRST POST
    • cipollini88
    • By cipollini88 6th Oct 17, 9:25 AM
    • 4Posts
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    cipollini88
    Contract renewal after withdraw notice
    • #1
    • 6th Oct 17, 9:25 AM
    Contract renewal after withdraw notice 6th Oct 17 at 9:25 AM
    Hi,
    just a quick question.

    I have a permanent contract with an agency that renews automatically every month, if I decide to leave the house I should give one month notice.
    One week ago I gave the notice only "by email" as I should move for work, but after one week the company change plans and I withdraw the notice.
    I didn't sign any end of the contract or other documents, no gave back keys or leave the house. Now the agency asked me to open a new minimum 6 months contract, only because they put again the house on the market after my notice.

    Is it possible? Can they do it?

    Thank you in advance.
Page 1
    • Slithery
    • By Slithery 6th Oct 17, 9:58 AM
    • 365 Posts
    • 530 Thanks
    Slithery
    • #2
    • 6th Oct 17, 9:58 AM
    • #2
    • 6th Oct 17, 9:58 AM
    If you don't leave after giving notice then legally the landlord is allowed to charge you double rent. In your case I'd sign the new contract to make sure that this doesn't happen.
    • steampowered
    • By steampowered 6th Oct 17, 10:05 AM
    • 1,956 Posts
    • 1,825 Thanks
    steampowered
    • #3
    • 6th Oct 17, 10:05 AM
    • #3
    • 6th Oct 17, 10:05 AM
    When you give the renewal notice, it is legally effective.

    Your renewal notice can only be withdrawn if you and the landlord both agree.

    Therefore the landlord is legally entitled to insist that you sign a 6 month minimum contract as a condition of extending the tenancy.

    However, you are still able to negotiate. For example you could ask for a 3 month minimum term contract. Although 6 months sounds reasonable to be.
    • cipollini88
    • By cipollini88 6th Oct 17, 11:38 AM
    • 4 Posts
    • 1 Thanks
    cipollini88
    • #4
    • 6th Oct 17, 11:38 AM
    • #4
    • 6th Oct 17, 11:38 AM
    So, the email is legally accepted for the notice?
    In the contract is mentioned:

    [This agreement can be terminated by the Tenant(s) one month after receipt of a written notice at the Landlord's address without penalty or forfeit resulting thereof.]

    Another thing, in the contract, clearly writes that the landlord should provide us a cleaner, but they never did and asked us to pay an extra, also the first three month I had two flatmates that used to have party every night until 3-4 AM causing a lot of noise, I did many complains as in the contract is clearly mentinoed that from 11PM until 8AM you should keep silence, but the agency never did nothing, after a further complaints from the neiboughs, finally they decided to don't renew their contract . Can appeal for this?

    Thank you very much
    Last edited by cipollini88; 06-10-2017 at 11:46 AM.
    • steampowered
    • By steampowered 6th Oct 17, 12:56 PM
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    steampowered
    • #5
    • 6th Oct 17, 12:56 PM
    • #5
    • 6th Oct 17, 12:56 PM
    There is some legal uncertainty as to whether 'in writing' includes email or not.

    These days most people say that email does count as 'writing', unless the contract expressly states otherwise.

    The fact that the landlord didn't provide a cleaner or that you have noise issues are separate. I don't think they effect the issue you are facing, which is that the agency wants you to sign up for 6 months before they will agree to give a renewal.

    The other option would be to just stay in the property, keep paying your rent and only move if you get formally evicted through the proper legal channels. That's quite confrontational though.

    If your contract says that the cleaner was included but you were forced to pay extra, you can make a small court claim against the landlord (use moneyclaimsonline) to claim a refund. I would not advise doing this until you have left the property !!!!
    • G_M
    • By G_M 6th Oct 17, 2:39 PM
    • 42,318 Posts
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    G_M
    • #6
    • 6th Oct 17, 2:39 PM
    • #6
    • 6th Oct 17, 2:39 PM
    Does the tenancy agreement specify how notice should be served?
    If yes, what (exactly) does it say?
    If not, do you and the agent habitually communicate via email?

    If valid notice has been served (see questions above!) then you cannot 'withdraw' it. The LL is entitled to act on your notice - eg by advertising the property.

    The Distress For Rent Act 1747 S18 says if you fail to leave you can be charged double rent.



    Out of interest, can you clarify:
    I have a permanent contract with an agency that renews automatically every month, if I decide to leave the house I should give one month notice.
    * is this a SPT? (see link below)
    * or a CPT? (see link below)

    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
    Last edited by G_M; 06-10-2017 at 2:42 PM.
    • cipollini88
    • By cipollini88 6th Oct 17, 3:34 PM
    • 4 Posts
    • 1 Thanks
    cipollini88
    • #7
    • 6th Oct 17, 3:34 PM
    • #7
    • 6th Oct 17, 3:34 PM
    This how enancy agreement specify how notice should be served:

    [This agreement can be terminated by the Tenant(s) one month after receipt of a written notice at the Landlord's address without penalty or forfeit resulting thereof.]

    Also is not specified if it is a CPT or SPT. Even if I guess is CPT monthly.
    • G_M
    • By G_M 6th Oct 17, 6:55 PM
    • 42,318 Posts
    • 49,160 Thanks
    G_M
    • #8
    • 6th Oct 17, 6:55 PM
    • #8
    • 6th Oct 17, 6:55 PM
    This how enancy agreement specify how notice should be served:

    [This agreement can be terminated by the Tenant(s) one month after receipt of a written notice at the Landlord's address without penalty or forfeit resulting thereof.]

    Also is not specified if it is a CPT or SPT. Even if I guess is CPT monthly.
    Originally posted by cipollini88
    Please provide the context for that clause.

    The tenancy agreement will not specify SPT or CPT - it is a matter of law. Read the link provided earlier to find out which you have.
    • cipollini88
    • By cipollini88 8th Oct 17, 10:49 PM
    • 4 Posts
    • 1 Thanks
    cipollini88
    • #9
    • 8th Oct 17, 10:49 PM
    • #9
    • 8th Oct 17, 10:49 PM
    In the end, we negotiate the new contract starting for a minimum 3 months. After a long discussion.

    Thanks all for the help.
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