Ending a letting contract: need some help

glider3560

In September 2009, I entered into a contract on my flat for "a term certain of nine months from the commencement date".

I've just realised that the nine months expires in three weeks time. I've phoned the letting agents to try and negotiate on the rent as I feel it is overpriced. If they can't, I'll be moving out in two weeks time into my parents again.

The letting agent reckons that the contract becomes a rolling contract after the fixed term and that I need to give one month's notice to cancel.

As there are only three weeks left, they say I'll need to pay an extra week's rent even though I'm prepared to vacate the property before my nine month term ends.

I've read through the contract very carefully and can't find anything in the contract about it being a rolling contract. The only reference to the one months notice is this "The tenant may bring the tenancy to an end by giving the landlord not less than one months written notice after the fixed term has expired".

I'm a little annoyed as one week is about £150 and I won't even be there for that period.

Is there some law that makes tenancies roll on after they have expired, as it was sold to me that I was taking out a fixed term contract which expired after nine months.

Any help appreciated.

clutton_2

if you are in england the LA is talking rubbish..

if you leave on the final day of the fixed term, or earlier, you do not need to give any notice, nor do you need to pay any additional rent...

once you stay one day over the fixed term the agreement then automatically becomes a Statutory Periodic tenancy and you then have to give one months notice (to end on rent day)

BitterAndTwisted

If it's a fixed-term contract the tenant doesn't have to give a month's notice at all, that's why it's called "Fixed Term" but it's a matter of good manners to inform the agent and landlord that you won't be staying on after and then going onto a rolling periodic tenancy. In a periodic tenancy the tenant does need to give one month's notice adn the landlord two coinciding with the rent-payment date.

Go back to the agents and tell them that they are in error and you'll be moving out at or before the end of the fixed term. Ensure you don't stay a day later than the last day or you then will be obliged to give them a month's notice.

It's an unfortunate fact that some agents can't understand their own contracts and don't understand the LL and tenant legislation either.

Gwhiz

BitterAndTwisted wrote: »

It's an unfortunate fact that some agents can't understand their own contracts and don't understand the LL and tenant legislation either.

I think you meant to say "It's an unfortunate fact that some agents try to BS their tenants into paying money or doing things that they do not need to"

phlash

Agree with above.

You need not give any notice if you vacate before the end of the fixed term, just etiquette to tell LL/agent that you are.

If the agent disagrees, suggest that he/she takes a look at the NFOPP courses and then becomes a member of ARLA in order that they correctly learn the legislative rights of tenants/LLs.

glider3560

Thanks for the posts. I am in England and you've all confirmed exactly what I thought.

I'm waiting for them to get back to me with regards to negotiating the rent. If they don't, I'll deliver a notice to quit by hand this evening.

They certainly play on people not understanding the agreement/the law. This is only my second tenancy - at the end of my last one (about 4 weeks before), the agents phoned me to ask what I wanted to do. I wasn't sure so they said they'd write with a list of options (new 6 month term, rolling contract or leave) which was great. Seems these don't work like that.

The estate agent is a member of ARLA but I spoke to the "usual Saturday man" (even though today is Monday?!)

Another question: I never received any confirmation of my deposit being protected (which I only just realised). The contract says they use TDS but I never received the certificate. Would TDS be able to tell me if my deposit is protected if I called them?

clutton_2

i would have thought you could go online and check it out by inputting your address

glider3560

clutton wrote: »

i would have thought you could go online and check it out by inputting your address

No, you need a tenancy code (which I wasn't given).

phlash

If they haven't protected it, and going on what they've said to you about trying to get an extra week's rent, go after them!

"You can apply to your local county court. The court can order the landlord or agent to either repay the deposit to you or protect it in a scheme. If your landlord or agent has not protected your deposit, they will be ordered to repay three times the amount of the deposit to you."
http://www.direct.gov.uk/en/TenancyDeposit/DG_066373

TDS has been operational for long enough, and if your agent is ARLA registered it's fair game, they should know better. Go get 3 times your deposit.....maybe.

"However, the law on this issue is unclear and the court may not fine your landlord unless your deposit is still unprotected by the date of the court hearing. "
http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_schemes

clutton_2

there are three schemes DPS MyDeposits and TDS - check out with all three...

you can phone TDS and explain that you have never been given any information by your LL/LA


LL/Agent also had legal responsibility to give you the "Prescribed Information" about your deposit within 14 days of you giving them the money

glider3560

Thanks again for the help. The manageress called me back a few minutes ago. She wasn't prepared to budge on the rent so she said I'd need to give 30 days notice and pay for the extra week, blah blah blah. I responded saying that as I'm still within the fixed term, I was under no obligation to provide any notice. She immediately agreed and set a date for me to check out and asked for me to email my intentions to her so it is all in writing.

In my email, I've asked her to confirm how my deposit was protected and provide a reference number so I can check this out myself.

It makes me wonder how many people would simply pay the extra - must be a good money maker for them.