Help ending tenancy agreement pls

citygirl2012

Hi,
Thanks for reading.

We have rented a flat for several years but now need to move to a new area. We need to move in February but we were issued with a fixed term agreement for a year that runs until June. BUT when we received the last tenancy agreement we didn't sign or return it and we have the unsigned contract here. We wanted to be fair to the landlord and give him as much notice as possible so told him a fortnight ago but he wants to hold us to the fixed term and make us stay or pay until June.

We do want to be fair which is why we have given as much notice as possible but I am unsure as to whether we can be held to a fixed term agreement that we didn't sign? We have always had fixed term agreements but as we didnt sign the last one I'm wondering if that means we have a periodic tenancy with a months notice required?(we pay rent monthly)

The other complicating factor is that we have realised that we have not been supplied with gas safety certificates (we have gas fires and boiler) at all so we feel that we could come to a compromise with our landlord since he has breached his responsibilities. I don't want to cause bad feelings or get courts and things involved and I do want to be fair, maybe in reaching a compromise but I would like to know if we can be held to the terms of this fixed term contract? We have been good tenants, always paid on time and in full and have lived happily in this flat, it's just unfortunate that we need to leave the area for work reasons.

G_M

citygirl2012 wrote: »

Hi,
Thanks for reading.

... We need to move in February but we were issued with a fixed term agreement for a year that runs until June. BUT when we received the last tenancy agreement we didn't sign or return it and we have the unsigned contract here.

You have a Periodic Tenancy.

See here for details of how to give notice.

http://forums.moneysavingexpert.com/showpost.php?p=52421475&postcount=6

Yorkie1

Did the new tenancy have an increased rent payment? Have you been paying it?

I am just wondering whether you could be argued to have accepted the terms of the new tenancy by conduct.

G_M

Yorkie1 wrote: »

Did the new tenancy have an increased rent payment? Have you been paying it?

I am just wondering whether you could be argued to have accepted the terms of the new tenancy by conduct.

A good question.

Fire_Fox

Is your damage deposit lodged with one of the three schemes? If not you are secure unless he returns it in full, he can't serve you with a notice to quit. If you didn't sign the AST you are in a periodic tenancy as G_M says so can leave in February in line with your rent period. Please ask for the landlord's gas safety certificate, it is your lives at risk if the gas is unsafe.

citygirl2012

Yorkie1 wrote: »

Did the new tenancy have an increased rent payment? Have you been paying it?

I am just wondering whether you could be argued to have accepted the terms of the new tenancy by conduct.

No the rental payment has remained the same for the last few years.

Thanks for all your advice.

dimbo61

Have you got a CO2 alarm near the boiler and gas fire ?
If not buy a couple it could save your life and you can take them with you when you move.
Please seperate the tenancy agreement from the Gas safety certificate issue.
Your deposit is in the DPS ? and you have been given the information

citygirl2012

dimbo61 wrote: »

Have you got a CO2 alarm near the boiler and gas fire ?
If not buy a couple it could save your life and you can take them with you when you move.
Please seperate the tenancy agreement from the Gas safety certificate issue.
Your deposit is in the DPS ? and you have been given the information

Yes we have several CO2 alarms, thanks for your concern and advice. Our deposit is not in the DPS but we live in a city in Scotland?