Estate Agent advertising but I havent given notice to leave - can they do this?

Dainty1976

Estate Agent advertising but I havent given notice to leave - can they do this?

Basically, I have had something personally extremely traumatic happen in my (privately rented) house and I am finding it unbearable to be here. I am going to go to the council on Friday and ask for their assistance to rehouse me (following advice from Social Services). If they say they cannot help me, I will have to raise the money to move myself which will take longer to do as I have no savings.

I went to the estate agent on Friday( who collects the rent for the landlord) to find out where I stand with regards to the notice period and deposit etc and what if I was to leave giving less than one months notice etc given the circumstances (they are fully aware of all the details of what has happened here) who said they would find out and let me know.

Well, they called me today and said they had spoken to the landlord and the landlord has instructed them to advertise the property, which they have done already - their advert online and on their website says the property is available immediately/end of July - and it seems they are expecting me to let people view the house straight away.

I re-iterated that I do not know when I would be leaving as it depends on what the council say. If the council can help, I have no idea how quickly they can help. I did say although if i had my way I'd be out of here tomorrow (given what has happened) but also that certainly, if the council cant help i wont be leaving until at least the end of september maybe longer, however the estate agent insisted that I should be letting people view the house right away and even suggested that I hand over a spare set of keys so that they could access the property for viewings as appointments arose.

I also told the EA today that once I have gone to the council on Friday I will be able to have a better picture of the timeframe in which I will be leaving the house and would let them know straight away ie: give them notice of my wanting to end the tenancy.

Can they do this? I havent actually given a months notice yet!!! I dont see how they can have advertised or have viewings lining up potential tenants and expect me to allow viewings without me having given notice or an official moving date - I may still be/needing to live here for another 2/3/4 months!!!!

gordonbennet

It sounds like they have heard you say the part about "given the choice I'd move out tomorrow" and are worried you might do just that. The landlord will be wanting to minimise the time the place is empty. They are clearly open to you giving 1 month notice though, which is good from your point of view - are you on an AST? Is it now periodic (month on month)?

You should go back to the EA and be clear that you have not yet given notice, you were merely enquiring if this was possible. Insist that they stop marketing it for the time being. Clarify what dates you need to give 1 month notice by and tell them you will let them know in writing when the time comes.

Once you give notice you can expect to need to allow them to show people around - but it can be on your terms (eg with you there / not there) and you can insist on 24 hour notice.

jamie11

Assuming you are in England or Wales.

If you have not yet had a S21 served and have not given notice of your own then there is no possibility of your tenancy ending in the time scale you have mentioned.

You do not have to allow viewings of your home if you do not want to, if you feel you need to, change the locks to prevent unauthorised entry, (save the old ones to replace when you do leave).

Note that if you give notice then it cannot be retracted, there is no requirement for the landlord to accept less than the notice he is entitled to. If this is a statutory periodic tenancy then notice from you must include a full periodic month to end on the last day of a period.

I sympathise if something traumatic happened in the house, however that is not a reason the council will accept as a reason for re-housing you, you would be seen as intentionally homeless so therefore not likely to get any help at all.

If you are still within the fixed period of your rental term then you may be liable for the landlords costs in re-letting, or rental payments to the end of the term if you just leave and the place remains empty.

Please tell us dates of agreement, is the deposit protected and have you had the prescribed information supplied to you.

Dainty1976

Thanks for your replies.

I am on a month to month rolling arrangment having been here 2 years now and did start on a 6 month fixed contract and when that expired, was not presented with another.

I have been told by the council themselves that in this situation it is possible that I could be made homeless under the definition that it is not plausible/viable to live in the house anymore and that if I have supporting evidence from certain parties they should be able to help, but I will not know for sure until I actually approach them with the documents.

I will call the EA in a minute and re-iterate that I have not given notice and that the landlord should not panic. I think I will just say to them that regardless, I will give a months notice when the time comes and will prepare myself to have to pay for that month as well as the deposit for another property when I do come to move into private or lose my deposit should the council say they can help. It will just make the whole thing easier for the landlord and EA. I feel like I should never have said anything even though I needed to for my own peace of mind - this has totally backfired and is now causing more unecessary stress - sigh.

jjlandlord

Dainty1976 wrote: »

I have been told by the council themselves that in this situation it is possible that I could be made homeless under the definition that it is not plausible/viable to live in the house anymore

You are in no such situation.
The fact that the EA is advertising the property, or even that they find a potential tenant, does not impact you tenancy and right to stay at the property.

Dainty1976 wrote: »

It will just make the whole thing easier for the landlord and EA.

Why do you care about making things easier for them by giving up your home? Think about what is best for you.
You have been very nice to them by telling them what you did, though perhaps naive, and they are jumping the gun by advertising now, so

They are advertising the property. So what? It does not mean anything to you.
If you do want to leave it might even be useful as if they found a potential tenant they might agree to let you go on shorter notice than the statutory one month.

Dainty1976

Do you mean the council/shelter/social services have misinformed me? I genuinely mean that question, I am desperate to leave here and under the circumstances they have all said it could be possible.

When I went to the EA I asked if it was possible to leave earlier if a tenant could be found as I have a friend who is immediately wanting to move and wants to live in the house.

I have just spoken to the EA and they have said the LL will not consider that option and so have said again, that ok, regardless I will give a months notice and that I havent yet given my notice and that if the council doesnt help, I could be here even until the end of the year. They have heard me and will be talking to the landlord this morning.