Problem with ending tenancy - Contract Void?

franklee

Mrs_B2009 wrote: »

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.

It sounds to me like you are still in the fixed term and want to use the break? In which case you'd need to give notice as the break clause says you should and this can ask for two months from a tenant. (Ignore the one monthers above they are getting confused with a periodic tenancy).

So I suggest you read the contract to see for yourself what the break clause says you need to do. Often they are badly written which may give some wriggle room. (Post the clause if you like).

As for the agent signing, if the agent was acting for the landlord then the agent can sign. In your case the relationship between the agent and landlord sounds a bit unclear but presumably he instructed them for something

Mrs_B2009

clutton wrote: »

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

Aww you must be a LL that this has happened to you too lol

I have made written compaints about the mentioned problems from renewal of the contract and they did nothing.

They have had their chance to resolve issues and blew it in our eyes, I am using "family issues" to get out but also the long evergrowing list of problems to back this up which is when they turned around to us and applogised (wow big thing for a LL) and said you can leave when someone else enters etc.
We have advertised the property as well as the agents (with permission) to get more interest (doing their job) which is were the new potential tentant saw the add.

At the end of the day we can honestly say that if the problems were rectified and the managing agents did their job we would stay until jan 09.

Reading other tenants posts on similar topics you can see the behaviour and response to pick out the "LL's" from the tenants lol

clutton_2

there are fully documented procedures to address landlords lack of repairs - see Shelters website.

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

how is parking the LLs problem ?

noisy neighbours / druggie neighbours / violent neighbours are not the LLs responsibility either (unless in a HMO)

the agent should have sorted out utility supply problems

DVardysShadow

Mrs_B2009 wrote: »

Aww you must be a LL that this has happened to you too lol

I have made written compaints about the mentioned problems from renewal of the contract and they did nothing.

They have had their chance to resolve issues and blew it in our eyes, I am using "family issues" to get out but also the long evergrowing list of problems to back this up which is when they turned around to us and applogised (wow big thing for a LL) and said you can leave when someone else enters etc.
We have advertised the property as well as the agents (with permission) to get more interest (doing their job) which is were the new potential tentant saw the add.

At the end of the day we can honestly say that if the problems were rectified and the managing agents did their job we would stay until jan 09.

Reading other tenants posts on similar topics you can see the behaviour and response to pick out the "LL's" from the tenants lol

If you have terms in your contract to the effect that 'no near neighbour is a drug user or plays loud music', then by all means, seek advice to make the contract stick.

But if you don't have such a contract, there is no contract remedy for your problem. It is as stark as that. So post away if you want non contract advice, but if you want any contract advice, there is none - and if you do get any, ignore it, it won't help.

franklee

DVardysShadow wrote: »

If you have terms in your contract to the effect that 'no near neighbour is a drug user or plays loud music', then by all means, seek advice to make the contract stick.

But if you don't have such a contract, there is no contract remedy for your problem. It is as stark as that. So post away if you want non contract advice, but if you want any contract advice, there is none - and if you do get any, ignore it, it won't help.

The OP is renting an apartment. Therefore there is likely to be a lease that covers nuisance to neighbours e.g. loud music after hours etc. and as the lease holder the landlord should be chasing this up with the freeholder / managing agents to get the terms of the lease enforced. Likewise the neighbour should be obeying these terms and if the neighbour is a tenant then his landlord should also be looking to enforce them.

The OP as a tenant of the landlord does not have a direct say with the freeholder / managing agents, it is the landlord's job to chase. The landlord should have also given his tenant a copy of the relevant parts of the lease and made sticking to them terms of the tenancy agreement but it seems some simply don't bother or are ignorant.

franklee

clutton wrote: »

noisy neighbours / druggie neighbours / violent neighbours are not the LLs responsibility either (unless in a HMO)

Yes they are if the landlord is a leaseholder, he should be getting the freeholder and/or managing agent to enforce the terms of the lease. The OP is in an apartment, so likely a lease in there somewhere!

clutton_2

""The OP is in an apartment,""

well the noise issues etc cant have been THAT bad as they signed another 6 months agreement after enduring this hell for 12 months ........



but since neither of us have any details of this other issues - "landlord-offences" (since OP has just added them in as a result of not getting the responses s/he wanted) - we really dont know the ins and outs do we ?

so maybe we have both made assumptions here franklee

DVardysShadow

franklee wrote: »

The OP is renting an apartment. Therefore there is likely to be a lease that covers nuisance to neighbours e.g. loud music after hours etc. and as the lease holder the landlord should be chasing this up with the freeholder / managing agents to get the terms of the lease enforced. Likewise the neighbour should be obeying these terms and if the neighbour is a tenant then his landlord should also be looking to enforce them.

Ah, but.

The lease will put obligations on everyone. However, the OP's AST will not promise benefits. That is where the difficulty lies in trying to deal with this as a contract issue.

Fire_Fox

Mrs_B2009 wrote: »

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

These issues are irrelevant to the case at hand. You were happy enough with the property to sign for a second year AND you have admitted you are not leaving due to the above issues but due to personal circumstances.

If you had some here a few months ago worried about the above issues we would have advised you to first put all your complaints into writing then, if that had no effect, how and where to get advice and support.

And no, I am not a landlord.

Jowo_2

Mrs_B2009 wrote: »

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

...

Totally irrelevant. The landlord will have a separate contract with the agency that authorises them to sign docs on his behalf - as agents they are mere intermediaries who represent him. This contract is nothing to do with you. This contract is between you and the landlord.