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Break clause in contract/ rolling contract?

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  • monkeymonkey_3
    monkeymonkey_3 Posts: 495 Forumite
    Part of the Furniture Combo Breaker
    That's the the thing, I don't want to p*ss anyone off, or give them cause to give us a bad reference if/when we move. I think we've been good tennants. The agency have often been rude and patronising. Don't know the landlord so can't comment there!
    much work to be done - new sig coming soon...

  • tbs624
    tbs624 Posts: 10,816 Forumite
    edited 5 May 2009 at 4:14PM
    Thanks for your reply. I'm not sure what a section 21 notice is? Am at work but will have a look through all papers when I get home. We signed a 6 month when we first moved in, then have signed another since (but have been there over a year, as we never received renewal letter before the end of first 6 month contract, so we signed the second contract about 3 months after the first one ended). Have also just had call back to say that landlord won't accept a compromise on rent and is sticking to the increase. Not sure if I have a number for LL, but will have a look. I thought that everything had to go through the agent?
    The LL can choose to deal only via the LA but you are legally entitled to the name and address of your LL - by law if you make a written request to the LA for this info whilst still a T they have 21 days from receipt in which to provide it or they commit a summary offence (doesn't include phone no though)

    Assuming you are in E/Wales (Scots doctrine of tacit relocation makes it differ) you do not have to give *any* notice to leave at the end of a fixed term. Your LL is being an idiot - if you are a reliable T and he loses you he is looking at the possibility of a couple of months' void plus an unknown new T who may not pay rent on time and/or may fail to look after the property.

    He needs to balance that against his proposed increased income of £360 over the next year . (Add to that he will also have to get an EPC done for his new tenant and pay a new deposit reg fee if using a non-custodial scheme, plus no doubt a increased percentage to his LA or a hefty renewal fee and it would seem that he clearly can't do the maffs). If he does give you notice then he probably *would* have a void if you exercised you right not to allow potential new Ts to view the property whilst you were still in occupation ;) I think, as Sooz says, that the LL is probably being propelled along by the LA.

    A S21 Notice is a notice formally stating that the LL intends to seek repossession of the property on or after a certain date, often given out routinely early in the tenancy. It has to provide for a minumum of 2 months notice and is invalid if served before a tenancy agreement is signed and/or before a tenancy deposit has been scheme registered.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    That's the the thing, I don't want to p*ss anyone off, or give them cause to give us a bad reference if/when we move. I think we've been good tennants. The agency have often been rude and patronising. Don't know the landlord so can't comment there!
    LLs are sometimes unfortunately totally unaware of how poorly their T gets treated by the LA - it's probably worthwhile contacting your LL personally because otherwise they only go on what the LA says, both about you as indivuals and about the rent/contract proposals. For all that you don't want to p*ss them off, unless the property is one of those for which there is high demand, few LLs can really afford to p*ss off good quality Ts particularly with the current glut of properties that are up for rent in many areas.
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