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Letting Agency serving notice

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Hi there,

I'm having a few issues with my letting agency. Basically i've been living in this house since the 25th of February 2004. I first signed an Assured Shorthold Tenancy agreement for 6 months.

After 6 months, they asked me if I wanted to sign a new one and that would be £70. I was a bit unhappy about paying £70 for a piece of paper and just wanted just to carry on on my current contract which would have become a periodic one. I suddenly was made redundant, so decided to pay up, but managed to convince them to make it a 1 year contract. This contract is similar as the one I signed except that at the end of the 6 months, I or the landlord can give 2 months notice.

The contract came up for renewal again and once again, I made it known that I was unhappy paying £70 and I wanted to carry on on the current contract. The agency told me the landlord wouldn't agree to a periodic which I do not think is true, but I can't get hold of them for the moment as they are on holidays. The agency also told me that if I didn't agree to sign a 6 month contract, they would assume I would want to leave.

And, sure enough, Today (27th of June) I have received notice for the 25th of August. My questions are the following. For simplicty's sake, let's assume I can't get hold of my landlord.

Even though the contract expires on the 25th of August, are they not required to give me 2 months notice, which would push this into the 25th of September with the added benefit of pi**ing them off?

Also, there are actually a few houses we like, but they are available immediately. Since they have given notice, can we turn round a give 1 month notice? I've heard it is possible, but I'm not sure how true this is.

Sorry for rambling for so long and thanks for your help.

Comments

  • zar
    zar Posts: 284 Forumite
    I think that they have done it correctly - they are giving you the earliest possible 2 months notice for you to leave at the end of the contract. You can't give 1 month's notice to leave a month earlier than the contract ends if its an ordinary tenancy - I have heard people on here mention things like break clauses so perhaps someone more knowledgeable will be able to help. Also you may be able to negotiate to leave earlier but won't be able to force it I think. We received 2 months notice once and then gave our 1 month's notice, but that was after the 6 months bit at the start.

    I know its frustrating when you see houses you like but its too early, but if there are a few then I'm sure you'll be lucky and some more will become available at the right time. You could also register with some agencies in case there are houses coming up which aren't available yet. Perhaps you could advertise yourself in the paper and certainly keep an eye open for private rentals as you avoid all those horrible admin charges from the agencies. :mad: I'd definitely avoid staying at the same agency even if your dream house comes up with them!

    p.s. If you can get hold of your landlord when they get back from holiday, it may well be worth talking to them directly - they are paying money to the agency too and they may be happy to let you rent directly from them from now, saving you both money. You suspect the agency may be keeping them in the dark - you may well be right. Make sure you do have a contract etc. in place of course.
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  • odLott
    odLott Posts: 26 Forumite
    Thanks for your reply zar
    zar wrote:
    I think that they have done it correctly - they are giving you the earliest possible 2 months notice for you to leave at the end of the contract.

    I would have thought that the earliest they could have given me was before the 25th of June for the 25th of August, hence they missed it by a few days.
    zar wrote:
    You can't give 1 month's notice to leave a month earlier than the contract ends if its an ordinary tenancy - I have heard people on here mention things like break clauses so perhaps someone more knowledgeable will be able to help. Also you may be able to negotiate to leave earlier but won't be able to force it I think. We received 2 months notice once and then gave our 1 month's notice, but that was after the 6 months bit at the start.

    That's interesting and would confirm what I heard. I'm also after the 6 months at the start. My understanding is although the contract is for a year, it only is an assured shorthold tenancy for the first 6 months and then is pretty much a periodic one.
  • Kaminari_2
    Kaminari_2 Posts: 660 Forumite
    I would contact the landlord. Express that you want to stay and are would really like to go on a periodic tenancy with the same break clauses. A lot of landlord take what the EA say as gospel, most won't have any idea about periodic tenancies. Let them know that if a new contract isn't signed then the old one just continues on periodically and all the same rules apply. The EA is just trying to make more money. 1st they make money out of the Landlord and yourself by doing the paperwork. And secondly if you won't sign it and want periodic then they can give you notice and get more signing on fees from a new tenant and from the landlord if you do leave. I bet they have told the Landlord that you are not interested in signing a new contract and it is in the landlords best interest if they give you notice. To be honest they might have told the landlord that you are not signing another agreement so are moving out. I would talk to the landlord to see if the EA is telling them porkies.
    There are some benefits to having a certain tenancy in place but most could just go straight into periodic without any problem. It is just that the EA's don't make any money out of it.
  • odLott
    odLott Posts: 26 Forumite
    Kaminari wrote:
    I would contact the landlord. Express that you want to stay and are would really like to go on a periodic tenancy with the same break clauses. A lot of landlord take what the EA say as gospel, most won't have any idea about periodic tenancies. Let them know that if a new contract isn't signed then the old one just continues on periodically and all the same rules apply. The EA is just trying to make more money. 1st they make money out of the Landlord and yourself by doing the paperwork. And secondly if you won't sign it and want periodic then they can give you notice and get more signing on fees from a new tenant and from the landlord if you do leave. I bet they have told the Landlord that you are not interested in signing a new contract and it is in the landlords best interest if they give you notice. To be honest they might have told the landlord that you are not signing another agreement so are moving out. I would talk to the landlord to see if the EA is telling them porkies.
    There are some benefits to having a certain tenancy in place but most could just go straight into periodic without any problem. It is just that the EA's don't make any money out of it.

    Hi Kaminari,

    Indeed, I think that is exactly what the agency is trying to do which is why I refused to sign a new contract. It might be only £70, but for signing a contract, that's a bit rich.

    I doubt I'll be able to get in touch with the landlord in time, but if I could turn round and give them one month notice I would have more flexibility.
  • Kaminari_2
    Kaminari_2 Posts: 660 Forumite
    I'm both a landlord and a tenant and it bothers me how much knowledge landlords lack about property and how vunrable they are to their tenant. Unfortunately most landlord do not see property investing at offering a service. If they take care of their property and make it easy for the tenant to make the property a home the tenant is more likely to look after the property and stay longer. Which limits void periods and makes returns greater.
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