Problem with ending tenancy - Contract Void?

Mrs_B2009

Hi everyone,

My husband and I have lived in our current apartment from new for nearly 19 months now. We are on a 12 month contract with what we originaly thought was a 6 month get out claus.
After our first year we decided to re new the contract for a further 12 months. (The property is managed through a seperate company to the one that owns the building. The estate agents only rent the property nothing more.) When we were called to renew the contract (sign docs) we were asked to go to the estate agents to sign docs etc. When we were about to sign we realised that the wording and dates were incorrect on the contract as it was the same old copy that had not been amended with new dates etc. They appologised and asked us to come back the following week to so again. We signed both coppies (ours and landlords) and the agent signed the box "landlord" and gave us our copy to take home.

Now if i am right in the fact that "landlords signature" means the landlord not the letting agent, our contract is infact void...?

As i mentioned above the letting agency do not manage our flat so they technically should have nothing to do with us or the contract.

**************

Problem with ending tenancy!

My husband and I have had to give notice recently due to family issues forcing us to move. We gave formal written notice to both the managing agents and the estate agents and hand delivered them. We gave both the letter so that they were aware and could not say they never received it. In the letter we gave one months notice. We are now being told that we according to our contract we can not leave unless two months written notice is given on the sixth month of tenancy only.
After much stress and lack of communication from their part they have agreed to allowed us to leave the property by giving two months notice (which we dont have) or until someone else moves into the property, whatever is sooner.

Now my husband and I have not mentioned anything about the contract (signature) to the managing company yet as i would like to hear everyones views on this. Do you think we have a vid contract? Do we stand a fair chance to end the tenancy and get out deposit back?

To be honest we need to leave asap and getting our deposit back is not a major issue but they seem to be making everything in our path difficault for us since all this happend.

What can we do?

Thank you for reading...

Soot2006

I don't think your contract is void I'm afraid -- you entered into it knowing what you were committing to.

clutton_2

i am sorry you have family problems but it is your circumstances which have changed and you are catching at straws. If the LL wanted you out early you would soon kick up a fuss.

You have signed a legally binding contract to pay rent until the end of the fixed term.

If you want your LL to help you leave early you must cooperate with them - as legally they don't have to let you leave early, and they are quite entitled to charge you rent until the next tenant is found.

HOWEVER

the clause in the tenancy agreement you have signed - saying that you must give 2 months notice- is illegal. Tenants give one months notice - Landlords/Agents give 2 months - irrespective of what it says in the agreement.


If you are willing to forego your deposit to mitigate the landlords loss, i dont see why you cannot come to an amicable agreementn for an early departure - but - be nice - you want them to help you

Mrs_B2009

But the landlord has not sealed the contract with his signature?

We are also leaving the property due to the fact that the in the contract it states that the gas, electric and comunal areas are to be fully maintained by ***** (managing agents) but this is definatly not the case.
We have a very abusive resident downstairs who throws parties all the time and has drugs in the property as well as all of our gas metres being mixed up from the start and everyone paying other residents bills. The only reason this came along was beacuse of a gas leak in our flat :-(

We had been in contact for 11 months with the managing agents who said it had nothing to do woth them and its down to the gas supplier...

I just feel we are being done left right and centre by the managing agents who really dont keep to the contract and just take the money each month...

The contract only seems to come in to play when it suits them!!!!!

silvercar

clutton wrote:

the clause in the tenancy agreement you have signed - saying that you must give 2 months notice- is illegal. Tenants give one months notice - Landlords/Agents give 2 months - irrespective of what it says in the agreement.

Only if the AST is now on a periodic basis.

It sounds like you have signed up for another year's AST, so the landlord holds the power if you want to leave early.

Mrs_B2009

Sorry i forgot to mention that we have a potential new tenant viewing the property tonight through the estate agents. Fingers crossed she likes it and goes ahead so then we can leave :-)

I kind of feel bad that we are making out the place is such a quiet lovely place to live when downstairs you have a very nasty man :-( who makes all 6 residents life a misery but we need to leave .... and the LL wont take action upon that particular resident.

Bennifred

Mrs_B2009 wrote: »

But the landlord has not sealed the contract with his signature?


The contract only seems to come in to play when it suits them!!!!!

As I understand it, it doesn't have to be the actual LL that signs - the estate agent is acting as the LL's agent so the contract is probably watertight. I don't think you'll be able to use that as a get-out, unfortunately!

Good luck with the prospective tenant - I guess that would solve the problem.

Mrs_B2009

As I understand it, it doesn't have to be the actual LL that signs - the estate agent is acting as the LL's agent so the contract is probably watertight.

I did originally think this BUT then when i looked deeper in to this I remembered that they dont have anything to do with the LL or the managing company. The only reason i went to them is because it was incorrect and needed to be changed and they told me they were going to send it over to the agents for me to go there and sign and i would receive it in the post. I assume they ment once the LL had recieved it back and signed it they would forward a copy to me?! but my Husband was making a fuss about taking a copy that the saturday girl signed it herself and handed it to us...

To be honest i will be glad to get someone in the flat asap so we can leave but if they intend to make things difficault i will seek legal advice as looking over the contract now it has lots of mistakes on their part and mention several different dates on different pages were they have partly used the old contract.
In my opinion its a shabby job!

Thank you for your replies :-)

DVardysShadow

Mrs_B2009 wrote: »

Hi everyone,

My husband and I have lived in our current apartment from new for nearly 19 months now. We are on a 12 month contract with what we originaly thought was a 6 month get out claus. ...

Now if i am right in the fact that "landlords signature" means the landlord not the letting agent, our contract is infact void...?

As i mentioned above the letting agency do not manage our flat so they technically should have nothing to do with us or the contract.

Whether or not they manage, letting agent is empowered to act on behalf of LL. This cuts both ways - if agent signs for something which benefits you, landlord cannot walk away from it.

Mrs_B2009

So basically you are all saying that what my husband and I have signed inthe contract that DOES NOT HAPPEN doesnt matter BUT we still have to stick to the contract anyway.

I know "fair" doesnt really come in to this kind of thing but is this "RIGHT"?

Drugs, noise, violence, parking incorrectly, gas problems etc

clutton_2

this type of post really annoys me - OP says

""due to family issues forcing us to move""

- YOU want to move because of your family issues, yet, because you are advised trhat you cannot legally just walk away from a legally binding contract and get your own way - suddenly you want to change the goalposts and make it all the LLs fault that you have to leave....

at least take some responsibilities for your own choices and your own decisions - you want to move because of your family -

repairs are another issue

stop trying to blame the LL because the law does not suit you