tenancy agreement help

becca26

The agents contacted my daughter in Feb 2012 to ask her what she was doing regarding the flat in September 2012 and at that time she told them was staying so they asked her to sign the agreement for September 2012 to September 2013 and she paid a small admin fee for this. As she/me have never rented property before we just this was normal.

becca26

are we allowed to do this?? advertise the property ourselves and state it is with an agent!

marliepanda

Are you allowed to do what?

Personally I would not sign up for another year 6 months before that year. As you have experienced, a lot can happen in 6 months. I think it is strange for the LA to ask so early in the tenancy, but not 'wrong' If I were your daughter I would have said I had no immediate plans to leave but would not have signed up for another year.

pmlindyloo

becca26 wrote: »

Daughter moved in Oct 2011 and signed a tenancy agreement from Sept 2011 until 2012. Yes/No? Yes

Then the agent, in February, asked her to sign a new agreement for Sept 2012 until Sept 2013? Yes

So she is trying to get out of the old tenancy agreement early and the new one? Just the new as she is not required to move to Glasgow until Sept 2012

Never rented property before so really unsure about things.

OK. I found this on Shelter (Scotland)

Ending the tenancy at the end of the fixed term

Your tenancy may have been set for a fixed amount of time, for example six months or a year. Some tenancies automatically repeat themselves at the end of the fixed term. For example, if your tenancy is for six months, at the end of that six months, it will automatically start again for another fixed term of six months.
If you want to leave when the fixed term runs out, you should tell your landlord at least 28 days in advance, to give them time to find a new tenant if necessary. This will prevent the tenancy from repeating itself. If you are an assured or short assured tenant, you'll need to give your landlord 40 days' notice if the fixed period of your tenancy runs for longer than three months.



So if your daughter is a short assured tenant then she should give her landlord 40 days notice to end her current tenancy.

Now for the tenancy which she signed for Sept 2012 until Sept 2012.

Firstly I find it very strange that she should be signing a new contract in February - 6 months in advance.

Is she, by any chance, in a shared house which is rented to students?

That is the only thing I can think of where landlords ask so far in advance.

I think the money quoted for readvertising seems fair.

I am not sure about the rent for the remaining time if they cannot find a new tenant.

You may like to give Shelter (Scotland) a call and ask for some advice.

I would take the view that making someone commit so far in advance would, hopefully, give the landlord room for some manoever on his part.

Edit: sorry crossed posts, you've explained how it happened - still very strange.

becca26

Is she, by any chance, in a shared house which is rented to students?
No it is in a block of 8 flats some are owned some are rented.

That is the only thing I can think of where landlords ask so far in advance.

I think the money quoted for readvertising seems fair.
Yes we agree and are happy to pay that amount

You may like to give Shelter (Scotland) a call and ask for some advice.
Think this may be a good idea, thank you

I would take the view that making someone commit so far in advance would, hopefully, give the landlord room for some manoever on his part.we have no idea why they asked her so far in avance

Thanks for he advice

G_M

1) Apologies. Re-read and now realise this is not a Periodic Tenancy.

2) edited/deleted: because I wrote cr*p!

3) Amazing! 6 months before the tenancy was due to end, a renewal was offerred! And signed.

BitterAndTwisted

The OP made it crystal-clear in the first post which country the property being discussed is in. That is, if you are aware that Dundee and Glasgow are in Scottishland.

I agree that it's very odd to ask a tenant to re-sign for another year so close to the start of the tenancy. It would have been prudent to question why the landlord and their agent were so very keen on it.

G_M

:T

Think I'l go stick my head under a cold tap.

HAMISH_MCTAVISH

becca26 wrote: »

Any suggestions on what to do????

Yes.

Pay the small fee the letting agent is asking for, and let them put the flat back on the market.

As Dundee is a University town demand will be high for flats with leases starting at the end of summer, and if you get the flat on the market now they should have no problem letting it before Sept.

DVardysShadow

becca26 wrote: »

are we allowed to do this?? advertise the property ourselves and state it is with an agent!

Why ever not? Don't publicise the address. When anyone is interested. take contact details, give a brief description, offer a viewing and if they are interested refer them to the agent.