Moving Out - Letting Agent

WISEYC

Our letting agent has threatened to give us 2 months notice tomorrow to move out if we don't sign the tenancy - this isn't a problem as we're moving anyway but I'm worried they may deduct from our deposit - I am thinking of not paying the remaining rent due in case they do this - they've constantly threatened over the last few months to chase payment etc

any thoughts would be appreciated

anselld

So when do you want to move out? Is your deposit protected in a scheme?

Sounds like you are creating a dispute without any reason (not stated anyway).

Why not just pay the rent as due and let the deposit scheme look after protection of deposit?

timberflake

So how long have you lived there? If you're coming to the end of one contract you have no obligation to sign another, you'll just go onto a rolling contract.

If you're planning on leaving anyway I'd tell them where to go!

As for you're deposit, that should (!) be in the deposit protection shceme so theoretically they won't be able to withhold it without a legit reason.

BTW, what are they threatening to chase payment for? Are you in arrears??

RAS

Which country do you live in England? Scotland?

G_M

Unless there's more that you haven't told us this sounds like a storm in a teacup.

You want to leave. So either just leave when your current fixed term tenancy ends (no notice needed) or if it's already ended and you're on a monthly periodic tenancy then give your 1 month notice *get the dates right!) and leave.

Meanwhile, pay your rent as required. The fact that the agent is making 'noises' is irrelevant. Ignore them.

If you are in Eng/Wales I assume your deposit is protected? (Check!). If Scotland any dispute would be resolved via the Sheriff's Court (I believe).

BitterAndTwisted

Never forget that the agent's interests may not necessarily coincide with the landlord's. Agents love coercing tenants into signing another fixed-term so they can charge the tenant a fee for it. Giving the current tenants notice and getting them to leave means that they can charge the landlord yet another tenant-finding fee, plus another holding fee and a mark-up on the credit-checks and whatnot.

When does your current fixed-term end and when are you planning to leave? Have you been notified of which of the three deposit-protection schemes yours has been registered with? The advice depends on the answers to these questions and the others asked of you.

WISEYC

timberflake wrote: »

So how long have you lived there? If you're coming to the end of one contract you have no obligation to sign another, you'll just go onto a rolling contract.

If you're planning on leaving anyway I'd tell them where to go!

As for you're deposit, that should (!) be in the deposit protection shceme so theoretically they won't be able to withhold it without a legit reason.

BTW, what are they threatening to chase payment for? Are you in arrears??

Im not in arrears no also my contacrt ran out 2 months ago - they're saying they dont do rolling contract & want me to sign 6 months min & pay renewal 0- they're chasing renewal & threatning to add charges on top.

WISEYC

RAS wrote: »

Which country do you live in England? Scotland?

England -0 cheers

WISEYC

if they do give me 2 months notice I assume I can move out anytime in that period - is this correct ??

TrickyDicky

WISEYC wrote: »

Im not in arrears no also my contacrt ran out 2 months ago - they're saying they dont do rolling contract & want me to sign 6 months min & pay renewal 0- they're chasing renewal & threatning to add charges on top.

They might not do them, but the law does.

Just ignore them and their fees. There is nothing they can do about it.

BitterAndTwisted

WISEYC wrote: »

If they do give me 2 months notice I assume I can move out anytime in that period - is this correct?

No, you will need to give them one month's notice according to the dates on your original contract. Once you have remained in the property one day after your fixed-term ends you will automatically go onto a periodic tenancy.

Have you bee in touch with your landlord to find out their intentions? It could be the case that your landlord may be willing for you to go onto a periodic tenancy but the agents intend to issue you notice without the landlord's consent.

Remember, getting you to sign another fixed-term is the only way for the agents to get fees out of you. They make much more money by ensuring a constant turnover of tenants every six months.