Landlord says I'm liable for extra fees as I'm leaving a month early

Fire_Fox

Firstly noise, damp, water leaks and repairs are only indirectly related to your contract - you should report all these to the landlord in writing and then to Environmental Health at the local council if the landlord does not take action. It is still not too late to do this, it's possible EH will deem the place uninhabitable, which means they have to rehouse you or release you from the contract without penalty.

Secondly when does your fixed term end, what are the dates on the last AST you signed? Ignore what you said verbally that does not trump your AST because they cannot prove it. If you are out of the fixed term on the last contract you signed you are in a periodic tenancy. This means you must serve one months notice (if you pay monthly) coinciding with a rent period NOT starting whenever you like. You must do this in writing and be sure they receive it on time - two copies from two Post Offices with proof of posting is safest.

IF you are still in the fixed term you cannot inform the landlord you are terminating your tenancy early, you must ask and they can refuse. They cannot charge you AND a new tenant rent at the same time, but they can charge you either the rent to the end of the fixed term OR reasonable costs in finding a new tenant. This does not have to be in the AST because this is part of the agreement you are making, the alternative is they can refuse to allow you to surrender. You might be best informing them the place is empty for a month (they need to tell the insurers) and paying up to the end of the fixed term.

fivetide

Fire_Fox wrote: »

Firstly noise, damp, water leaks and repairs are only indirectly related to your contract - you should report all these to the landlord in writing

OP said they did that which is good. Hopefully you have copies OP...

Secondly when does your fixed term end, what are the dates on the last AST you signed? Ignore what you said verbally that does not trump your AST because they cannot prove it. If you are out of the fixed term on the last contract you signed you are in a periodic tenancy. This means you must serve one months notice (if you pay monthly) coinciding with a rent period NOT starting whenever you like. You must do this in writing and be sure they receive it on time - two copies from two Post Offices with proof of posting is safest.

Extension of what I already said OP. Chances are you are on a month to month contract now. You should have them by the proveribials in that case.

DRP

rpc wrote: »

But they are free to charge whatever they wish for you to end your contract. They cannot charge rent as your tenancy no longer exists. They can say that they will only agree to a surrender if you pay them everything you would have paid in rent...



Strictly, you do have a fixed term IMHO. A verbal agreement has the legal force of a written contract. However, the question is whether the letting agent can prove it.

I wonder if the OP agreed to stay another 12 months or whetehr he agreed to sign another 12 months agreement (which never happened for one reason or the other).


For the former you could say there was a verbal contract and for the latter there definitely wasn't?

Notmyrealname

Deleted_User wrote: »

I was going to film the place when all cleaned up and bulbs replaced etc with a witness...so that they couldn't turn round and say that the kitchen was gutted by fire !!! or such ! Flat was unfurnished.I have written to them in the past mentioning the windows and the damp.

Sorry but if you leave the place unoccupied until the end of the tenancy and anything happens it is still your responsibility. You are responsible for it until the end of your tenancy or when your landlord releases you from it.

[Deleted User]

The original AST agreement was signed and dated from the 8th July 2011 to 8th January 2012.The agency called and asked if I wanted to renew for another 12 months and I agreed.I can't find any written or signed document verifying that...just the verbal agreement.I also paid £60 for admin costs which they asked for.There's a clause in the agreement which says..'where the tenancy has become a statutory periodic tenancy where the fixed term ahs ended and no new agreement signed...'...which I now believe is the case unless they come up with a signed ,by me,document.

Fire_Fox

You paid £60 for admin for what???? For a verbal extension to an AST?? If so that has to be illegal, they did zero administrative work! Ask Shelter. IMO state that you paid £60 which you understood to be for the agency preparing another year fixed term AST BUT they failed to supply the contract as agreed by telephone so you are requesting a refund of the £60.

[Deleted User]

Fire_Fox wrote: »

You paid £60 for admin for what???? For a verbal extension to an AST?? If so that has to be illegal, they did zero administrative work! Ask Shelter. IMO state that you paid £60 which you understood to be for the agency preparing another year fixed term AST BUT they failed to supply the contract as agreed by telephone so you are requesting a refund of the £60.

I've just found the cheque stub...for £60 so at least I know that is correct and I did cough up.Should I request a copy of the supposed new agreement to clarify whether I did or did not sign a new one back in January? I haven't a copy of anything so am convinced it was just a phonecall.

DRP

Deleted_User wrote: »

I've just found the cheque stub...for £60 so at least I know that is correct.Should I request a copy of the supposed new agreement to clarify whether I did or did not sign a new one ?

request a copy?

that sounds expensive. £60?

Fire_Fox

Deleted_User wrote: »

I've just found the cheque stub...for £60 so at least I know that is correct.Should I request a copy of the supposed new agreement to clarify whether I did or did not sign a new one ?

Now I am confused, don't you know?
"The other thing is that I didn't sign an extension to the tennancy I just agreed to extend another 12 months over the phone,I never actually signed a contract."

callyw

You got fleeced. They tried to do the same to me and charge fees when it came to the end of my AST, but I said no, I'd like to be on a rolling monthly tenancy. So many people do not realise they do not have to sign another AST, I was just lucky to be in regular contact with solicitors regarding something else at the time of renewal and they informed me of my rights.

It is possible that even though the contract was verbal, the £60 transfer may be 'proof' of some sort.