Incompetence

NickToye

Hi,

I'm at the end of my tether and if it wasn't for my IVA I would pack up and emigrate to another nation.

When I moved into my current rented accommodation November 2005, I signed a 6 month agreement. In May 2006 I signed a renewed agreement. I have not had to sign another one. So technically am I still in a tenancy agreement?

The reason why I want to know is, our landlord is selling up, so the agency we are going through have served a 2 month notice on us, which apparantly runs out on 17th February, even though they (verbally) served it on December 1st.

We have 3 cats, so finding rental accommodation is nigh on impossible, so we thought we would start looking as soon as possible.

We have found a couple of possible options, however they are with a separate agency. Our current agents will not release us before that date, even though our agreement has expired.

Can they legally do that?

lynzpower

As I understand it nick you are in a periodic tenancy ( ie once your AST expires, you then go for a month by month, ie your LL can give you a months notice or you can give them one)

Looks like your letting agent hasnt got much of an idea -either that or Ivce got it wrong!

silvercar

Lynz is right. you are now on a periodic tenancy.

Your landlord is required to give you 2 months notice and you are required to give one months notice; I think both need to end on a tennacy month end.

Sounds like the agency has behaved correctly in giving you 2 months notice. Is the 17th the end of your rent month?

You have 2 options either remain (though you could move but retain the right to the property) until 17 Feb or give notice to your landlord by 17th December that you will be terminating the contract on 17th January - you only being obliged to give 1 months notice.

NickToye

Ok, So I only have to give 1 month's notice, how certain are you of this?

lynzpower

http://england.shelter.org.uk/advice/advice-271.cfm All in here Nick

NickToye

Well there incompetency still shines through. Because they are not aware of this situation. They have said that they are serving me a 2 month notice. Am I able to serve the one month notice as I have not yet received any written confirmation.

Thanks for all your help so far by the way.

lynzpower

from what silvercar says, they are right.

they have to give 2 months, you only have to give a month - yet another time when the law is balanced in the tenants favour

NickToye

Well that is amazing that whenever I ring them up they always say that they will ring me back, because they haven't got a clue. Northwood Lettings, if anyone is interested. This is a company that took 11 months to remove my For Let sign, and only after I had made a dozen requests.

I'm not into lambasting companies here, but if there service to me was impressive I would say so, so I feel the opposite also applies.

I will be letting them know about this situation in the morning and see what there response is.

lynzpower

you can always forward them the shelter link if they struggle to get thier heads round it

clutton_2

your months notice must be given the day before your rent day and in writing - otherwise you will end up having to give nealry 2 months.

Gorgeous_George

To clarify,

You can give written notice anytime before the next rental period (month) begins. Your tenancy will end at the end of the next rental period. Therefore, if your rental period starts on the 18th of each month, you can give written notice anytime upto midnight on the 17th December and your tenancy will end on 17th January.

If you do not give written notice to end the tenancy by midnight on 17th December, your tenancy will end on 17th February.

I don't see that the agents have done anything wrong. You have more than 2 months notice where only 2 months is required. The agents work for your LL and are trying to look after him/her because they will not be able to re-let the property for just one month.




GG