Assured Shorthold Tenancy - Am I stuck !?!?!

mandark_2

Hey guys, after a little advice as im really worried about ending my current rental agreement...

Basically I am currently living in a private rented flat, and Im also going through the process of buying a house, which is due for completion within the next 4 weeks. I contacted my landlord to issue a months notice and his reply was:

"...well im not sure where that leaves us because you've signed up for 12 months..." - He's going to get back to me sometime this week.

I have been living in the property since September 2007, and have received 3 shorthold tenancy agreements during this time:

1st for 6 months (Sep 07 to Feb 08)
2nd for 12 months (Feb 08 to Feb 09)
3rd for 12 months (Feb 09 to Feb 10) CURRENT ONE

I was always under the impression that I could issue a months notice when I want to leave, but now im really worried that I am tied in until 2010. Surely this cant be right? How is anyone ever going to buy a property if this is the case?

Any help/advice would be appreciated.

Thanks in advance

Fortheloveofmoney

You've signed a 12 month contract and you are legally obliged to pay rent for the entire 12 months whether you leave early or not.

Your landlord can choose to let you end the contract early however I would expect him to charge you for finding a new tenant and expect you to pay rent until a new one can be found.

Can I ask why you signed a 12 month agreement if you were planning on moving?

theartfullodger

mandark: You state " have recieved 3 shorthold tenancy agreements during this time " (spelling??)

Did you sign them & has the Landlord got the signed copy?

If so you are committed to pay to Feb '10.

If he just sent them to you & you didn't sign you are now a "Periodic Tenancy" and can give 1 months notice.

See if he will agree to some sort of deal - you help him let the place (e.g. be very flexible on when viewings for new tenants can happen) and offer to help him find a new tenant.. and perhaps he'll be even more flexible.

Remember: He's probably only in it for the money (Well, that's what I tell my tenants).

Cheers!

Lodger

Geenie

Have you checked your agreement word for word, to see if there is any "break clause" which would allow you to end the agreement early?[FONT=&quot] If you were actively looking to buy a place, you should have made sure this was in place before signing again, or at the least only signed for a 6 month AST, moving to another place if necessary!
If no break, then you are dependant on the LL agreeing to let you leave early, which by the sounds of it they are not keen to do. You are going to probably have to find tenants and help fill the house to placate them. [/FONT]

Gwhiz

Just a comment that hopefully ALL newbies to renting will read. DO NOT SIGN A CONTRACT IF YOU DO NOT UNDERSTAND THE CONSEQUENCES.

I am shocked at the number of people who are amazed to find out they are contractually liable to pay for the entire length of the contracts they sign when that's exactly what it says.

iscrimger

You should check for a 'break clause' in your agreement.

Government guides on these type of tenancies states the tenant should have the same rights as the landlord to end the tenancy agreement. Normally the tenancy runs for a minimum of 6 months after which time the landlord can evict you.

However if there is no break clause which states you can leave then you are contractually obliged to continue to pay rent for the full fixed term.

gazfocus

Gwhiz wrote: »

Just a comment that hopefully ALL newbies to renting will read. DO NOT SIGN A CONTRACT IF YOU DO NOT UNDERSTAND THE CONSEQUENCES.

I am shocked at the number of people who are amazed to find out they are contractually liable to pay for the entire length of the contracts they sign when that's exactly what it says.

I'm with you on this...why do so many tenants not understand that a 12 month contract means you're in it for 12 months? If you have a mobile phone contract and wish to end it before the 12 months is up you have to pay off the rest of the contract, so why would it be any different for a house?

mandark_2

Fortheloveofmoney wrote: »

Can I ask why you signed a 12 month agreement if you were planning on moving?

I didn't realise that the agreement would start a new fixed term, when the previous one expired my landlord turned up with the new one and said I had to renew. I just thought it was standard practice, but now I realise signing a new one was the worst thing I could have done.

theartfullodger wrote:

Did you sign them & has the Landlord got the signed copy?

Yes unfortunately. He turned up on my doorstep one day and said I had to sign to renew. What now seems really dodgy is that there was no witness present, but the copy he posted to me had a witness address and signature.

Gwhiz wrote:

Just a comment that hopefully ALL newbies to renting will read. DO NOT SIGN A CONTRACT IF YOU DO NOT UNDERSTAND THE CONSEQUENCES.

I couldn't agree more. Obviously my landlord knew exactly what he was doing but I didn't. Effectively I've screwed myself over. DOH!!!

theartfullodger

What was the witness witnessing? If witness was witnessing landlord's signature OK - if witnessing your signature illegal, go see CaB or a Solicitor, there's probably fraud about.

For future reference you don't have to sign a new tenancy, it just rolls on month-by-month. However Landlord may give you notice 2 quit if you don't sign..

Cheers!

Lodger

N79

Since an AST does not normally need to be witnessed (and definately did not in this case) it would seem very odd for a LL to procure a false signature. What on earth would be the point? Maybe the witness is only for the LL's signature?

mandark_2

theartfullodger wrote: »

What was the witness witnessing? If witness was witnessing landlord's signature OK - if witnessing your signature illegal, go see CaB or a Solicitor, there's probably fraud about.

The same witness signed twice, once for Landlords signature, and once for mine and my fiancee’s. The only time an actual witness was present was when I moved in back in September 2007.