Ending a letting contract: need some help

tbs624

glider3560 wrote: »

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.

This bit is true, if T remains in occupation.

glider3560 wrote: »

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.

My highlighting - yes the Housing Act 1988.A Stat Periodic Agreement arises where the T has not surrendered his/her tenancy and remains in possession and there has been no court order for repossession of the property.

As you have now found out, your LA had misinterpreted the situation about notice being required *within* the Fixed Term. Your contract/ the law is quite clear. (However, many Ts would be delighted if their LA simply went with a Statutory Periodic Tenancy following the Fixed Term expiry, rather than pushing for a further Fixed Term with a hefty "Renewal Fee" attached.)

You are giving out a slightly mixed message though, in that you imply you only wanted the 9 month Fixed Term, and yet clearly if the LL reduced the rent sufficiently you would stay put.

Do you have evidence of other local properties similar to this one which are being let at lower rents and have you approached the LL direct?

The rent level is a LL decision, not one for the LA alone to make. You can either download the LLs name & address from the LR for a few quid or you could have asked the LA in writing for it - they would have had 21 days (from receipt) to comply or they'd be committing a criminal offence

tbs624

clutton wrote: »

i... 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)

My highlighting. One month's notice to tie in with rental period, which may or may not coincide with the Rent Day.

glider3560

tbs624 wrote: »

You are giving out a slightly mixed message though, in that you imply you only wanted the 9 month Fixed Term, and yet clearly if the LL reduced the rent sufficiently you would stay put.

I would have been prepared to sign a new 12 month tenancy if they reduced the rent. Reason I want the fixed term is that I'm a student and it is easier to sort things out (like moving) during the holidays rather than term time.

tbs624 wrote: »

Do you have evidence of other local properties similar to this one which are being let at lower rents and have you approached the LL direct?

Yes, £50-£75 cheaper per month. Looked at one yesterday which I might take. The landlord is a business somewhere across the other side of the country. The letting agents provide a fully managed service and I've never dealt with the LL. I don't even know their phone number.

The letting agents wouldn't even contact the landlord about the rent as I'm getting "exceptional value" (apparently). Well, for £900 less per year I can get somewhere down the road which is larger and in a much better state of decoration.

tbs624

glider3560 wrote: »

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

You can email, fax, write via snail mail or phone to check whether your deposit was registered - look on the website under "contact us".

However, if you haven't been given the Scheme's "prescribed information" then the LL/LA is in breach of the tenancy deposit regs, even if they have in fact registered the deposit.

Why wait for the LA to confirm? Just contact all three schemes yourself
( Clutton has given you the Schemes' names)

G51shopaholic

Tasic Relocation (please excuse the spelling) is the term used to describe the starting of a new period of a lease if no contact is made between Letting Agent & tenant but it's really old. It basically means the term (length) of tenancy continues - ie 9mths would start another 9mth period. But the new Housing Regulations put an end to it's use.

Did your Letting Agent serve you with a NTQ (Notice to Quit) at month 7 (given that you had a 9mths lease). Again why 9mths?

As someone else has already pointed out, they should have given you a polite phone call to find out your intension (stay or go) long before now.

The one month notice on tenancy agreement is standard (although some ask for 2mths) but it is a request and cannot be legally enforced.

Seems to me that their Admin staff overlooked your lease end date and they should thank you for contacting them as you can guarantee they would have had a very angry Landlord.

I worked with both manual & computerised property systems and lease renewal dates were very important! (lease renewal date is 2mths before end of lease to comply with NTQ regulations).

tbs624

G51shopaholic wrote: »

Tasic Relocation (please excuse the spelling) is the term used to describe the starting of a new period of a lease if no contact is made between Letting Agent & tenant but it's really old. It basically means the term (length) of tenancy continues - ie 9mths would start another 9mth period. But the new Housing Regulations put an end to it's use.

Tacit Relocation is the term you're looking for and it applies to properties in Scotland only. A SAT will state whether or not TR is to apply. Am interested in the part of your post which has been highlighted - please can you provide a source for this?

G51shopaholic wrote: »

Did your Letting Agent serve you with a NTQ (Notice to Quit) at month 7 (given that you had a 9mths lease). Again why 9mths?

Why NOT 9 months? NTQ not applicable to Eng/Wales - S21 Notice of Intention to seek Repossession is LL's notice.

G51shopaholic wrote: »

I worked with both manual & computerised property systems and lease renewal dates were very important! (lease renewal date is 2mths before end of lease to comply with NTQ regulations).

Not in England and Wales, it isn't.

glider3560

Letting agents have now replied to my email. They've confirmed my instructions and are happy with me moving out on my chosen date.

They also provided me with the UID code for the TDS website. Shows the deposit was correctly registered at the start of the tenancy. I won't hold it against them that they didn't give me the code, unless they make any unreasonable deductions.

One thing I thought strange was this: "my colleague *** will be contacting you shortly with regards to the check out procedure, with regards to an appointment this will not be necessary as we will carry out the inspection and report back to you with her findings" On my last letting, I was there when they did the inspection and had to sign to confirm I agreed with them. This place is cleaner now than when I moved in, so it would be grossly unreasonable for them to make any deductions, IMHO.

clutton_2

do make sure that you take plenty of dated photographs of the house as you leave it if you are not able to attend their inspection....

i know sometimes tenants feel its unfair not to be asked to attend, but it often leads to irate discussions.... and these things do need to be considered .....

i tend to do a "pre" leaving inspection - 3-4 days before actual move out and give the tenant guidance, alongside the check in inventory, as to what needs doing, then an independent inventory clerk does the final check out inventory.

glider3560

I received a letter today stating that they would be doing the inspection the day after my contract ends, but 14 days after I've moved out. I phoned them to see if we could make an appointment to arrange a time on this date or move the date forward. First thing she said when I announced my name was "oh, you" (this was a different lady to the one I spoke to the other day). She wouldn't have anything - not even a time on the date they'd already stated. I said I'd like to ensure I get my deposit returned as "the property is in a better condition than when I moved in". She jumped on this one and came out with something like "what changes have you made, we will charge for putting right any changes you've made". I then had to correct her that I meant things like the oven being clean (was filthy when I moved in), carpet not being dirty round the edges etc.

I then explained myself again, simply stating I wanted to make sure that "no unfair deductions were made". She then went off on one about how they never make unfair deductions and they've only had one dispute since the TDS started.

I decided to say "I'd get back to them" and ended the call before I said something I might regret.

Grrr, all I want to do is ensure that the inventory is completed properly, as I've experienced in the past.

glider3560

Hi all, need to pick your brains again!

After much pushing, I managed to allow the agent to let me be there when the check-out was carried out. This was done the day after I returned the keys. I took dated (newspaper in photo) photographs about an hour before handing the keys in.

She decided to deduct some money for cleaning the carpet and then some other cleaning (hasn't said what cleaning has been carried out). I told her at the meeting that I didn't agree with anything as no cleaning was needed and the property was cleaner than when I moved in. We left it with me having written "Disputed by the tenant" on the check-out report, which she said I HAD to sign in order to release my deposit.

They had the cleaning done, which came to about 7% of my deposit (I don't want to post exact figures here).

Here is the timescale so far:

Moved out (Day 0): Handed keys back
Day 1: Check-out
Day 4: Cleaning carried out
Day 5: Invoice sent to me by email (failed to mention what was cleaned or how long it took: just Cleaning and Carpets), with an offer to settle by paying two thirds of the cleaning cost
Day 9 (I was on holiday, hence the delay): Replied saying I disputed cleaning was required and that I wanted either full deposit returned or the undisputed amount with a schedule explaining what actually needed cleaning
Day 11: They replied saying they still think the cleaning was needed and said she'd file a dispute with TDS if I wanted
Day 11: I replied stating that I am still disputing and asked again for the undisputed amount to be returned, then I'd go to county court or TDS

No replies since then, today is Day 14. I understand that under the terms of TDS (and the contract), they need to return the deposit within 10 working days. But when would this be from? Would it be from when I requested the money or from the date she had the cleaning carried out?

Also, would it be possible to hold it against them that they failed to provide a certificate of registration of the deposit? They provided the "prescribed information" in the contract, but no proof that this happened until I asked them in May.