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Acorn estate agent trying to force me to stay in property when contract has finished

woofy85
woofy85 Posts: 39 Forumite
in House buying, renting & selling
Hi, I really need your help. I had an 18 month contract to stay in ahouse with Acorn estate agents and since I moved in, I have stayed 3 years.

Last week I gave them 2 months notice to move out. Since then they sent me a letter saying because I didn't renew the contract after the original month 18 months I have to stay another 18 months.

Is this legal? I have never encountered this before. I can't afford to stay in this house anymore, but worried if i Leave now, it will ruin my credit rating.
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Comments

  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Sounds completely wrong. Does your contract say anything along these lines? Have they given you this advice in writing? I think they are bullying you.
    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 ForumTeam
  • ceh209
    ceh209 Posts: 877 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Where is the property located?

    I don't pretend to know anything about Scottish law, except that maybe they have some weird thing like this???
    Excuse any mis-spelt replies, there's probably a cat sat on the keyboard
  • RAS
    RAS Posts: 34,905 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Which country are you in?

    England, Scotland, Wales?
    If you've have not made a mistake, you've made nothing
  • woofy85
    woofy85 Posts: 39 Forumite
    edited 27 June 2012 at 11:06AM
    I live in London.... if i moved out and they still disagree with me could it affect my credit rating... I up to date with my rent. Thanks for thr eplies by the way :)
  • RAS
    RAS Posts: 34,905 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    woofy85 wrote: »
    I live in London.... if i moved out and they still disagree with me could it affect my credit rating... I up to date with my rent. Thanks for thr eplies by the way :)

    They are taking the pi$$.

    If you had a 18 month contract and have been there three years without signing a new contract, then the tenancy is periodic.

    The required notice is one month timed to co-incide with a rental period. That is the law and that trumps anything in their contract about 2 months notice.

    What date did you tenancy start?
    If you've have not made a mistake, you've made nothing
  • woofy85
    woofy85 Posts: 39 Forumite
    It was around April 2009, i am just wondering if there is a contract that is self renewing if you don't opt out of it?
  • RAS
    RAS Posts: 34,905 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    woofy85 wrote: »
    It was around April 2009, i am just wondering if there is a contract that is self renewing if you don't opt out of it?

    By law if a new fixed term contract is not signed, the tenancy becomes periodic. They need to give two months notice, you need to give one months notice, by law.
    If you've have not made a mistake, you've made nothing
  • ceh209
    ceh209 Posts: 877 Forumite
    Part of the Furniture 500 Posts Name Dropper
    RAS wrote: »
    By law if a new fixed term contract is not signed, the tenancy becomes periodic. They need to give two months notice, you need to give one months notice, by law.

    And any contract that says otherwise would be laughed out of court if they even took it that far - the contract can't override the statute (i.e. the law)
    Excuse any mis-spelt replies, there's probably a cat sat on the keyboard
  • woofy85
    woofy85 Posts: 39 Forumite
    Thanks all for your advice. I feel much better after all of your advice, will contact citizen advice bureau if they carry on trying to make a claim.
  • RAS
    RAS Posts: 34,905 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Check out the shelter web-site and maybe print off the relevant pages?
    Just remember that you need no qualifications to open up as an estate agent, no experience and no knowledge of the law.
    If you've have not made a mistake, you've made nothing
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