Withdrawing notice to quit

Suziflooze

We have been renting a house for 18mths now and have rolled on to a periodic tenancy. When we moved in we were advised our LL was away doing a PHD for 2 or 3 yrs. As we are approaching the 2yrs we asked our agent for an update on her intentions to return - we didn't want to suddenly only have 2 months to find somewhere in the current competitive rental climate and didn't want to move in winter.

The agent is notoriously bad at doing anything promptly - in the meantime we started looking at the rental market.

We found a property we really liked but were put under intense pressure to decide on the spot, we were the first to view as and other viewers were lined up waiting outside after us, the agent said if we wanted it we must put the deposit down before the second viewers came out or risk losing it.

We panic decided to go ahead, put down the holding deposit, called our current agent and gave notice to quit by email.

However in the cold light of day we again realised we were only really looking for fear of being served notice due to the LL returning. So the very next day we contacted our agency to say again this was the reason we had given notice and could they please still try to find out as we didn't really want to move (plus couldn't really afford to).

We received a note from them saying the LL had no intention to return in the "immediate future" which didn't help much. So I went in to see them to explain the full situation and ask for a bit more clarity (we don't expect her to say when she will return but rather when is the earliest she is likely to want to for example when does her PHD course finish?)

Luckily we know a friend of the LL. He rang her and told us straight away that she has said she will be away at least 4 yrs if she returns at all as her PHD will take at least that long, her daughter is settled in a school where they are and she may not come back at all as when she is finished she's will go where the work is. She couldn't understand why we hadn't been told this...

Naturally we are now happy to stay, and want to withdraw our notice to quit, and keep things the way they are, the LL is happy for us to stay to save her finding new tenant but the agent wants us to pay £100+vat for a new tenancy if we don't leave. We just want to carry on as we are on a periodic tenancy and not pay extra. They also want to increase the rent by £50 per month. (incidentally the agent still has not come back to us with a clear answer about the LL intentions)

So in summary, we gave notice to quit as information we needed from the agent was not forthcoming, we then contacted them the next day to explain we didn't really want to move, we just needed that info. We now want to continue as we were. Can they insist on a new tenancy and fee to draw it up or can we carry on on our periodic tenancy?

Suziflooze

P.s. we also told the new agnt the situation straight away so thy could carry on with other tenants

jjlandlord

Suziflooze wrote: »

Naturally we are now happy to stay, and want to withdraw our notice to quit, and keep things the way they are, the LL is happy for us to stay to save her finding new tenant but the agent wants us to pay £100+vat for a new tenancy if we don't leave.

If LL is happy then that's it: Agent works for your LL he is in no position to take such initiative.

HappyMJ

I'd say just carry on with the periodic tenancy the agency is just looking to make money out of you. You have withdrawn your notice to quit straight away so let them try and kick you out if they wish. The landlord has to initiate that action and by the sounds of it they won't.

By the way...your notice to quit in email format is not valid. It must be in writing with your signature in ink to be valid. The agency or landlord cannot produce your email in court to say that you had given notice to quit. I can send emails on anybody's behalf as I am an IT engineer and know exactly how to configure an email client to send as someone else (not on behalf of but actually as someone else) so the email evidence is not proof of your notice.

I can also send text messages that look like they come from other peoples numbers without their permission or knowledge. It gets them every time...only do it for fun though.

Suziflooze

Hi Happy, yes we thought we could maybe use that in our favour, I.e. that the notice to quit was in email format ( kinda calling our own bluff? We wanted to meet the rental due date deadline and the agent said they would accept by email for the dates, we would then drop off a written letter).

We want to stay amicable so I just don't know if we can negotiate this - the agent is claiming he legally has to draw up a new tenancy, but surely we can just agree to ignore the email and carry on, or we can send a revocation of the email to cover him and carry on. I am worried he can convince the landlady to get us to sign a new contract, he gets the ££ and he can sell her the re-assurance

A decent person would say forget it, we understand why this happened lets carry on as before, we are good tenants, always pay on time and don't cause a fuss.

I just don't know if what he says about legally having to issue a new contract is true, I can imagine it would be if we changed our mind after the notice period finishes as the contract would then be ended but now it is still live...

Suziflooze

P.s. my OH is also an IT geek ( I mean that as a term of endearment -lol so pls don't take offence ;P) so I know what you say is true about the emails!!!!!

HappyMJ

Suziflooze wrote: »

Hi Happy, yes we thought we could maybe use that in our favour, I.e. that the notice to quit was in email format ( kinda calling our own bluff? We wanted to meet the rental due date deadline and the agent said they would accept by email for the dates, we would then drop off a written letter).

We want to stay amicable so I just don't know if we can negotiate this - the agent is claiming he legally has to draw up a new tenancy, but surely we can just agree to ignore the email and carry on, or we can send a revocation of the email to cover him and carry on. I am worried he can convince the landlady to get us to sign a new contract, he gets the ££ and he can sell her the re-assurance

A decent person would say forget it, we understand why this happened lets carry on as before, we are good tenants, always pay on time and don't cause a fuss.

I just don't know if what he says about legally having to issue a new contract is true, I can imagine it would be if we changed our mind after the notice period finishes as the contract would then be ended but now it is still live...

You don't have to do anything. The agency can't do anything and it seems very unlikely the LL will do anything. Just pay the normal rent on time and continue as you are and don't stress about it. If the landlord wishes to increase rent they must give you written notice of that increase. You can refuse to pay the increase and the landlord if they want more rent then has to then give you a section 21 notice to ask you to leave and you can still stay there. Why be amicable? This is a business. You need to be hard with them.

Legally you can stay on a periodic tenancy. You have not given notice. You basically just sent an email saying you were thinking of giving notice. It then needs to be delivered by recorded delivery and signed by you to be valid as that hasn't happened then nothing has changed.

Suziflooze wrote: »

P.s. my OH is also an IT geek ( I mean that as a term of endearment -lol so pls don't take offence ;P) so I know what you say is true about the emails!!!!!

:beer:

Suziflooze

Just to be clear we sent an email saying please accept this as written notice of our intention to quit... Because at that time it was.

But I take your point about how this would not stand up in court...

I guess I need to toughen up and play hard ball, just when I tried in my polite way the owner of the agency chipped in that it was written in law that they had to do a new tenancy...

Suziflooze

But then it's written in the contract that notice has to be in writing, hand delivered or recorded delivery... Hmmm touch!?

HappyMJ

Suziflooze wrote: »

Just to be clear we sent an email saying please accept this as written notice of our intention to quit... Because at that time it was.

But I take your point about how this would not stand up in court...

I guess I need to toughen up and play hard ball, just when I tried in my polite way the owner of the agency chipped in that it was written in law that they had to do a new tenancy...

You could of said anything. It's not valid...

Ask them which law accepts emails as proof of anything?

Suziflooze wrote: »

But then it's written in the contract that notice has to be in writing, hand delivered or recorded delivery... Hmmm touch!?

There you go. Your contract even says how the law requires you to give notice. So no notice....so no end of tenancy and no new tenancy.

Werdnal

Does the "friend" of the LL have a contact address for them? Even an email?

If so, cut out the agent and approach the LL direct. Write to them, detailing the situation as you have here, and advise that as long as the LL can give you some security that they are not immimently returning, you are happy to remain as long-term tenants and wish to continue the tenancy exactly where you were before issuing the notice. Tell them that the agent is badgering you for fees to sign up again, when there is no need as rescinding your notice means your SPT continues unhindered.

Also where does the £50 rent increase come from? Does the LL want this or is the agency manipulating the situation? Ask LL in the letter, and if you are happy to pay, then tell them you accept the increase, and if not, make a compromise - maybe offer £25/month and negotiate.

LL may be totally unaware of the situation - agents are notorious for trying the make money at the tenant and LL's expense, and if they are not keeping LL up to date with the conversations you have had, the LL may be blissfully unaware that anything is wrong and you are being pressured in this way!