Notice period, a lot of money and other questions

Fly_Baby

Thanks for everyone's posts. Here is the update.

I spoke to the landlady and she sounded very nice and said that she wouldn't have us pay the rent if we didn't live there any more. So I felt reassured. However, then she spoke to the letting agent and he explained to her that she is entitled to this long notice under the contract. And now she says that we'll see how we are doing with prospective tenants but also that I shouldn't worry, we'll sort something out.

There are three viewing scheduled for this property so I am really hopeful that one of them will take it on. The problem is, it is advertised as available from August! I.e. from after our official tenancy ends. So people who are actually looking to move in now will just disregard this advert. I was told by the EA that all those who enquire about similar properties are advised that this one will be vacated earliy... but this EA is so unreliable (two viewings didn't happen because noone passed the message that I could do this viewing and so on).

One viewing was today. The EA guy was absolutely numb and didn't try to sell the property at all.

I really am desperate.

What did the landlady mean by "don't worry"? That she will offer us alternative arrangement if there are no interested tenants? The thing is, our rent is paid in the end of next week, and if nothing is decided until then, the money will just be debited and I am sure, gone for ever.

Sorry for the rant, I am so stressed out by this uncertainty.

sooz

Please, do not just speak to the LL, you must WRITE to her. Even if you just confirm your phone conversation in writing. Had you asked the agent for written confirmation of your initial conversation, this situation would not have arisen.

I would say 'don't worry' means she may try to talk to the agent, but ultimately will listen to their advice as she is paying them for their service. You are not their client, & they don't give a d*mn about you. They want the most money for their client & the least hassle for themselves. However, I was not a party to your conversation, & you have nothing in writing, so who knows

Write to your LL, & clarify the situation.

Fly_Baby

Thanks, sooz.

She didn't say anything definite - what can I write to her? She didn't say: either the LA finds the tenant, or I will let you finish the tenancy early. She said - let's see what happens with tenants but please don't worry, we'll sort something out.

When we spoke for the first time about it, she said she would speak to the LA about this notice period and then she will get back to me.

So she never directly promised: yes, you can leave early. Although she agreed that we can move out on 2nd and pay the rent until the 8th only, but that she would speak to the agent. She was under impression that we had to give just 1 month's notice. But now the agent clarified that to her.

Does that mean anything for us in our situation?

If I put anything in writing NOW, what I could say if I haven't been promised anything for sure? Would be grateful for advice.

Fly_Baby

The LL said that she would come in on Monday - I will have had three viewings by then. If noone has taken the property on by then, then what do we do?

Fly_Baby

Shall I write to her something like: "When we last spoke I understood that you were willing to let us end the tenancy on 8 July". That we will be most grateful, that our notice is 7 weeks which is much longer than any notice for tenancy over 2 years, that we have been good tenants, that we cannot afford paying two rents for the whole month, that we acted in good faith when gave the notice and it was a genuine misunderstanding of the contract.

That the rental day is 26 July and something needs to be sorted by that time otherwise we will be charged the whole month's rent, and then to reiterate that we would like to ask to end the tenancy on 8 July, or to see if she were willing to offer another deadline, as a goodwill gesture, which could be discussed when she comes in on Monday.

Something along these lines - what do you think? And how would such letter be useful?

Pulling at straws really.

Fly_Baby

Trying to keep this thread on top - begging for any advice!

Actually, I have found myself in the begging position quite frequently in the past few days - to the EA, to the LL - while they can do all they please - and now here...

theartfullodger

Fly Baby: Are you aware of the OFT guidance on Unfair terms in tenancies?? See
http://www.oft.gov.uk/advice_and_resources/publications/guidance/unfair-terms-consumer/oft356
(sorry, it is 127 pages long...)
- in particular Group 18(d), pages 55 onward

"Group 18(d): Unreasonably excluding the tenant's right to
assign or sublet"

- which basically means that, even in the fixed period or in a periodic you the tenant can find another tenant (who takes over the tenancy or takes out a new one) or can sub-let yourself to someone(s) else - as long as they pass the same checks you had to (credit, references etc...).

So the old claim that tenants have to pay all the rent in 1 6 or 12 month fixed period is wrong, the OFT says so!!

Perhaps suggest the Landlord & Agent read the guidance? Maybe when the realise that tenants know what they are talking about, the Landlord might decide to be rather more flexible.

Cheers!

Lodger