Advice on rights as tenants

princeofpounds

As an aside, I'm guessing if this did go to court, the judge would get to see the tenancy agreement? And that way he would see that the LL is just being a joker and bin the case?

yes, if what you have told us is accurate.

franklee

Well I've had a quick whizz through the photos and I can't find a break clause either. It certainly looks to me like there are no provisions for either tenant or landlord to end the tenancy before the end of the fixed term (other than if you breach the agreement in a really serious way like by not paying rent etc.). I can't figure why the agent claims there is a break clause, as the clause they pointed you to is clear enough.

If it did get to court (which I doubt) then you make sure the judge gets to see the agreement by supplying a copy of yours, that way he can see the agent is wrong. Hopefully when someone senior at the agents reads the contract they will back down pdq or offer you some hard cash to budge early.

BattyMatty

Hooray, solicitor has told us that we're safe as houses, there is no break clause in the contact.

Also, out of curiosity, the S21 served to us expires on 28th of Feb, but was served on the 31st of December. Our rent is due on the 28th of every month, so this time scale doesn't cover two whole rental periods anyway does it? Would that not make it invalid in any case?

Our solicitor is now writing to the LA. Hopefully they'll understand. I wouldn't put it past them trying to go to court anyway. The agents are a father and daughter jobby, they're the only ones who work there, and both of them are the ones who have been trying to get us to leave, so there isn't really anyone higher up who can read the contract properly and back down, like you suggested franklee, so hopefully a letter from the solicitor explaining things may help them understand... hopefully...

Expect more exciting updates anyway

Fire_Fox

If they try any further tricks I'd look into seeing whether their actions can be deemed harassment, asking you nicely to move out nicely ONCE is one thing but frightening young tenants with spurious legalese is quite another. How much is the legal advice costing?

EagerLearner

Glad you have legal help and you must now feel reassured BattyMatty! I really hope that teaches the LL that they can't go about renting the place knowing that they are planning to demolish it...

Sorry to slight hijack thread but I could not get hold of TBS624 as inbox full and also wanted any advice from PasturesNew, Firefox and other knowledgeable folks on here about a (mini) deposit issue...
http://forums.moneysavingexpert.com/showthread.html?t=2173717

Many thanks in advance for any thoughts and let us know BattyMatty what your LL says!

BattyMatty

Well luckily the mum of one of our housemates is a partner in a London law firm, so the legal advice is free! But if it goes to court we have legal insurance from endsleigh, which will help! Damn being a poor student!