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Estate agent says we need to give one month's notice, Shelter say we don't. Help!
one_bullet_left
Posts: 16 Forumite
Hello all, nice to be here,
My girlfriend and I have been in an assured shorthold tenancy with our estate agent for the last 5 months now. The tenancy is 6 months, and we want to move out as soon as the fixed term ends. I looked it up and found that I was under no legal obligation to give notice.
I must add at this point that I am less than impressed with my estate agent. They're typical slimy !!!!!!!s. I recieved a letter recently stating in no uncertain terms that they were giving me 24 hours notice before they let themselves in because they had been "trying unsuccessfully for weeks" to contact me to arrange for their maintenance person to install a carbon monoxide alarm.
I was furious at this insinuation. I rang them, and told them that I was extremely angry, because firstly they took their sweet damn time arranging for someone to fix it 4 months after I reported it! Secondly the handyman contacted me and said he'd come round, I sat there waiting and he didn't turn up. I was also really angry that they seemed to think that they had the right to just walk in whenever they liked just by "serving notice". I told them that if they did this again I'd call the police and have them arrested.
The main point of this is that I told them during this phone call that we were fed up with them, and that we'd be moving out as soon as tenancy ends. They told us that we couldn't do that because we had to give one months notice, as stipulated in the tenancy agreement. They insist that we stay another month to serve a full months notice period. I just said that I thought it was completely redundant, I clearly want to leave and the law doesn't require me to give any notice at all. The agent quoted the tenancy agreement section where it states that I must give notice, so I quoted the Shelter website verbatim, where it says that I am not required to give notice so long as I leave on the last day of the fixed-term tenancy.
She responded to this by saying that this applied to a fixed-term, and that our tenancy was an assured shorthold tenancy, and that they are two different things (!) therefore we must follow all the rules as stated in the tenancy agreement.
So my question is simply this; Do I have to comply to a term in the tenancy agreement even when:
-1. The term has no basis in law/is not a legal requirement.
-2. The property was not maintained in a timely fashion.
-3. The agent attempted to enter the property without my permission on the basis that an emergency repair needed to take place despite my noncompliance, when I was in fact complying fully.
Thankyou all for taking the time to read this, and I look forward to your replies.
Regards,
Scott.
My girlfriend and I have been in an assured shorthold tenancy with our estate agent for the last 5 months now. The tenancy is 6 months, and we want to move out as soon as the fixed term ends. I looked it up and found that I was under no legal obligation to give notice.
I must add at this point that I am less than impressed with my estate agent. They're typical slimy !!!!!!!s. I recieved a letter recently stating in no uncertain terms that they were giving me 24 hours notice before they let themselves in because they had been "trying unsuccessfully for weeks" to contact me to arrange for their maintenance person to install a carbon monoxide alarm.
I was furious at this insinuation. I rang them, and told them that I was extremely angry, because firstly they took their sweet damn time arranging for someone to fix it 4 months after I reported it! Secondly the handyman contacted me and said he'd come round, I sat there waiting and he didn't turn up. I was also really angry that they seemed to think that they had the right to just walk in whenever they liked just by "serving notice". I told them that if they did this again I'd call the police and have them arrested.
The main point of this is that I told them during this phone call that we were fed up with them, and that we'd be moving out as soon as tenancy ends. They told us that we couldn't do that because we had to give one months notice, as stipulated in the tenancy agreement. They insist that we stay another month to serve a full months notice period. I just said that I thought it was completely redundant, I clearly want to leave and the law doesn't require me to give any notice at all. The agent quoted the tenancy agreement section where it states that I must give notice, so I quoted the Shelter website verbatim, where it says that I am not required to give notice so long as I leave on the last day of the fixed-term tenancy.
She responded to this by saying that this applied to a fixed-term, and that our tenancy was an assured shorthold tenancy, and that they are two different things (!) therefore we must follow all the rules as stated in the tenancy agreement.
So my question is simply this; Do I have to comply to a term in the tenancy agreement even when:
-1. The term has no basis in law/is not a legal requirement.
-2. The property was not maintained in a timely fashion.
-3. The agent attempted to enter the property without my permission on the basis that an emergency repair needed to take place despite my noncompliance, when I was in fact complying fully.
Thankyou all for taking the time to read this, and I look forward to your replies.
Regards,
Scott.
0
Comments
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WRITE to them telling them that you intend to move at the end of your fixed-term and please could they contact you to arrange the check-out inspection and the handing over of the keys. Do not get into a discussion with them about it because they are wrong. What is it about the term "fixed" that they do not understand, do you suppose? It may not be convenient for them to need to arrange for the next lot of tenants but that's not your problem. What will be their problem is if you choose to change the barrel of the lock on the front door and deny them access to carry out viewings until your tenancy ends.0
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BitterAndTwisted wrote: »WRITE to them telling them that you intend to move at the end of your fixed-term and please could they contact you to arrange the check-out inspection and the handing over of the keys. Do not get into a discussion with them about it because they are wrong. What is it about the term "fixed" that they do not understand, do you suppose? It may not be convenient for them to need to arrange for the next lot of tenants but that's not your problem. What will be their problem is if you choose to change the barrel of the lock on the front door and deny them access to carry out viewings until your tenancy ends.
The trouble is that we have signed a contract/agreement saying that we agree to abide by these terms. Can they enforce these terms under the pretence that we agreed to them? Or does the law render them invalid?0 -
You are only Liable for terms fixed by the contract, which in this sense is a six months contract .
On charity's, dont worry I have never met anyone who has benefited from a charity yet.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
Contract ends after the six months. It is polite to let them know you will not be staying on but that is all.one_bullet_left wrote: »The trouble is that we have signed a contract/agreement saying that we agree to abide by these terms. Can they enforce these terms under the pretence that we agreed to them? Or does the law render them invalid?0 -
It doesn't matter what terms you have signed up to when they are unenforceable. Shelter appear to know a lot more about housing law and rental agreements than the agent does.0
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So my question is simply this; Do I have to comply to a term in the tenancy agreement even when:
-1. The term has no basis in law/is not a legal requirement.
-2. The property was not maintained in a timely fashion.
-3. The agent attempted to enter the property without my permission on the basis that an emergency repair needed to take place despite my noncompliance, when I was in fact complying fully.
As others have said, the EA is completely wrong. Contract cannot override statute in this instance. Do as others have said and write in the suggested terms. If they try to deduct the rent from your deposit then dispute it (are in you in England / Wales, and have you received confirmation from the EA of which scheme it is protected in?).
Neither of your other questions in fact arise, but for future reference, you still have to comply with enforceable terms in your contract even if there are outstanding repair issues and/or you are not being permitted quiet enjoyment of the property. There are other ways of dealing those issues.0 -
one would hope Shelter know their stuff about housing law given they hold so many legal aid contracts to provide advice , advocacy and legal representation on the subject.BitterAndTwisted wrote: »It doesn't matter what terms you have signed up to when they are unenforceable. Shelter appear to know a lot more about housing law and rental agreements than the agent does.
As long as you leave on the last day of the fixed term you do not have to give notice as bitterandtwisted states contract cant overrule statue.0
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