Help please - Rental agreement

matty4113

Hi
I hope someone can help.
We are renting a property through an estate agent which we moved in to on 1st May 2009.
We have an assured shorthold tenancy agreement for 12 months with a break clause at 6 months (if we give 2 months notice) 8 months in total.
Unfortunately we are struggling to pay the rent now and need to move somewhere cheaper, Ideally move out at the 6 month point (1st November)
We spoke to the agent on 4 September who seemed simpathetic and said as long as they can rent it out then this shouldnt be a problem. We asked if they had spoken to the landlord about it and they said no!
We have had one viewing but nothing since and we couldnt find it advertised anywhere.
My wife spoke to the estate agent last week who said they had told the landlord (2 weeks later) and they were fine and wanted a quick re-let)
Out of courtesy we sent a letter to the landlord explaining our situation, thanking them for being understanding, telling them how we have maintained the house to a high standard and asking for something in writing (to cover our backs). We also offered them the invitation to come and look for themselves.
My wife spoke to the estate agent today to let them know they could show any potential viewers around whilst we are at work (to make things easier) and he went mad on the phone.........Apparently the landlord had taken our courtesy letter to them this morning. (Obviously they hadn't told the landlord)
Miraculously the house is now advertised in their window!! He told my wife that she shouldnt have contacted the landlord direct and that if it is not rented by 1st november we will have to pay the rent until someone moves in.
Now I have just been looking through the agreement and found a few points. If anyone can advise that would be great................
There is the landlords name but no address, only an address for the agent.
The address for our property has the wrong postcode.
When we moved in and did the inventory we noted that the oven door seal was broken so scalding hot air blows out, and that 2 taps were loose in the bathroom. We have telephoned the estate agents several times about this (even noted dates and times of calls) and it still has not been fixed, however it states under the landlord and tenant act 1985 that repairs to the supply of water, gas and electric must be kept in proper working order.
We have also heard (through the grapevine) that the actual landlord is a key worker who borrowed money to buy the property and is therefore not even allowed to rent the property in the first place....however we cannot prove this.
Can any of the above be used as bargaining tools? We have not received written confirmation yet that we are allowed to surrender the contract early so need to prepare.
Can anyone help?
Many thanks
Matt

barnaby-bear

matty4113 wrote: »

Hi
I hope someone can help.
We are renting a property through an estate agent which we moved in to on 1st May 2009.
We have an assured shorthold tenancy agreement for 12 months with a break clause at 6 months (if we give 2 months notice) 8 months in total.
Unfortunately we are struggling to pay the rent now and need to move somewhere cheaper, Ideally move out at the 6 month point (1st November)
We spoke to the agent on 4 September who seemed simpathetic and said as long as they can rent it out then this shouldnt be a problem. We asked if they had spoken to the landlord about it and they said no!
We have had one viewing but nothing since and we couldnt find it advertised anywhere.
My wife spoke to the estate agent last week who said they had told the landlord (2 weeks later) and they were fine and wanted a quick re-let)
Out of courtesy we sent a letter to the landlord explaining our situation, thanking them for being understanding, telling them how we have maintained the house to a high standard and asking for something in writing (to cover our backs). We also offered them the invitation to come and look for themselves.
My wife spoke to the estate agent today to let them know they could show any potential viewers around whilst we are at work (to make things easier) and he went mad on the phone.........Apparently the landlord had taken our courtesy letter to them this morning. (Obviously they hadn't told the landlord)
Miraculously the house is now advertised in their window!! He told my wife that she shouldnt have contacted the landlord direct and that if it is not rented by 1st november we will have to pay the rent until someone moves in.
Now I have just been looking through the agreement and found a few points. If anyone can advise that would be great................
There is the landlords name but no address, only an address for the agent.
The address for our property has the wrong postcode.
When we moved in and did the inventory we noted that the oven door seal was broken so scalding hot air blows out, and that 2 taps were loose in the bathroom. We have telephoned the estate agents several times about this (even noted dates and times of calls) and it still has not been fixed, however it states under the landlord and tenant act 1985 that repairs to the supply of water, gas and electric must be kept in proper working order.
We have also heard (through the grapevine) that the actual landlord is a key worker who borrowed money to buy the property and is therefore not even allowed to rent the property in the first place....however we cannot prove this.
Can any of the above be used as bargaining tools? We have not received written confirmation yet that we are allowed to surrender the contract early so need to prepare.
Can anyone help?
Many thanks
Matt

All issues - mainly between the LL and third parties nothing I can see that overrides your contractual obligations. Why are you struggling with the rent? Have you tried an SoA - rent is a priority; if you are on a low income/have suffered redundancy you will be eligible for state support via LHA to pay the rent. Technically you are probably liable for the readvertising and letting costs - the issue is that you can't pay the rent, by paying the rent a contract was established - your letting agent is obliged to give you the LLs address if you request it in writing other than that a LA address is allowed. The wrong postcode is irrelevent since you clearly moved into the right house - the repairs minor issues you can pursue in writing to force a repair.

clutton_2

""our letting agent is obliged to give you the LLs address if you request it in writing""

a LL need only provide an address "for service" (of documents - it does not have to be where he lives, it could be c/o his letting agent or accountant or solicitor

OP - you have signed a legally binding document to pay the rent - and you will have to accept that the LL is doing you a favour by allowing you to leave early. The LL is also allowed to charge you costs with regards to finding himself another tenant.

If the LL were to have tried to throw you out early - what would you have said ?

franklee

matty4113 wrote: »

We are renting a property through an estate agent which we moved in to on 1st May 2009.
We have an assured shorthold tenancy agreement for 12 months with a break clause at 6 months (if we give 2 months notice) 8 months in total.
Unfortunately we are struggling to pay the rent now and need to move somewhere cheaper, Ideally move out at the 6 month point (1st November)

Are you sure it's eight months in total? Often break clauses are badly worded so worth double checking if you can give notice now to end sooner, leaving after the six month point is common. You could post your break clause if you aren't sure as it may be you can give notice to leave sooner than you think. You should also make sure your notice matches what the break clause wants e.g. in writing or whatever.

adg1

matty4113 wrote: »

We have an assured shorthold tenancy agreement for 12 months with a break clause at 6 months (if we give 2 months notice) 8 months in total.
Unfortunately we are struggling to pay the rent now and need to move somewhere cheaper, Ideally move out at the 6 month point (1st November)

Check out your break clause and its wording. It will either be something along either of these lines:

1. "...has to offer the other party not less than two months advance written notice which can only expire after the first X months of the Tenancy..."

OR

2. "...has to offer the other party not less than two months advance written notice after the first X months of the Tenancy."

Depending on the wording of the break clause you may be able to leave at 6 months (offer notice at 4) rather than 8 (with notice at 6).

If it doesn't make sense then call the Letting Agent you rented it through and ask them to explain their break clause. If you moved in on the 1st May then 6 months takes you to the 1st November.

matty4113

thanks for the advise guys, the break clause says..........

It is agreed that (after an initial period of six months) two months notice in writing may be served by either party to terminate this agreement.