not signed tenancy agreement

jordon7

Please can someone help, I have been renting a property for 2 and a half years, and i renewed my tenancy in January 2010, when it arrived at Christmas 2010 for renenwal for this year, I didnt have the money to pay for it, so I didnt sign my renewal for this year,and then just forgot about it.
I am now wishing to leave, so promptly handed in my notice today 1/8/11, to be told I couldnt leave until end of year, but if I hadnt signed, surely I am in my rights to give a months notice!? please someone help me understand this, I really need to get out of here.

Werdnal

Assuming you are in England or Wales, if you didn't sign to accept the renewal, your tenancy automatically becomes a rolling or periodic tenancy. This carries all the terms and conditions of the original agreement, except the notice requirements. You are only required to give 1 calendar month's notice (on a monthly contract).

Many letting agents are ignorant of the law, or it could just be that you saw a clerk who assumed you have a new fixed term.

ruggedtoast

We stayed in a flat for 3 years where the management company had inserted a clause into the tenancies that unless you gave notice before the end of the 6 months it would automatically renew for another 6 months.

Unenforceable of course but they were adamant about it.

may_fair

What date (dd/mm/yy) did the most recent fixed term agreement that you signed commence?
What was the length of the term, and did it specify an 'end' date?
Is your rent payable monthly/weekly etc?
What date did you give notice and did you give it in writing?

G_M

And to add to mayfair's Qs:

are you in Eng/Wales?
What date did the landlord/agent receive your notice?

jordon7

I have kept all my agreements, and the last one I signed was in 21st Dec 2009, and it lasted until 4th January 2010.I live in England, and I handed in my notice to quit yesterday(1/8/2011), I pay monthly and I handed my notice in writing.I hope I have covered everything.

HappyMJ

So your notice will end on the 4th of September 2011. That's a month to me. Just ignore them. They'll never be able to recover it from you. If they refuse to hand back the deposit then dispute it.

MacMickster

Be prepared for a lot of pressure and misinformation from the letting agent.

I suspect that they overlooked the fact that you had not signed the new agreement, and will have to explain their omission to the landlord.

G_M

jordon7 wrote: »

I have kept all my agreements, and the last one I signed was in 21st Dec 2009, and it lasted until 4th January 2010.I live in England, and I handed in my notice to quit yesterday(1/8/2011), I pay monthly and I handed my notice in writing.I hope I have covered everything.

Very strange/unusual dates! That's a contract of 12 months and 3 weeks - are you sure? What exactly does it say?

However, assuming it DID end as you say on 4th Jan 2010, then your monthly periodic tenancy now runs from 5th of each month to 4th of the next month.

If the LL/agent received your notice on 1st Aug, then your notice will expire on 4th September so provided you leave on or before that date, no further rent will be due from 5th Sept.

edit: oops! not 12 months 3 weeks - just 3 weeks!

Werdnal

G_M wrote: »

Very strange/unusual dates! That's a contract of 12 months and 3 weeks - are you sure? What exactly does it say?

However, assuming it DID end as you say on 4th Jan 2010, then your monthly periodic tenancy now runs from 5th of each month to 4th of the next month.

If the LL/agent received your notice on 1st Aug, then your notice will expire on 4th September so provided you leave on or before that date, no further rent will be due from 5th Sept.

GM, my guess is he was asked to sign on 21 December, for the contract to take effect on 4 January - allows for the agent's Xmas shutdown! Not unusual for them to want all their fees in for the staff Christmas party!

G_M

Werdnal wrote: »

GM, my guess is he was asked to sign on 21 December, for the contract to take effect on 4 January - allows for the agent's Xmas shutdown! Not unusual for them to want all their fees in for the staff Christmas party!

Could be. (except if it took effect on 4th Jan it would expire on 3rd Jan!!).

However, as you know, in order to properly advise the OP when his notice will take effect it is critical to be clear about the dates.