End of tenancy,They want 4 weeks money??

Emma_H

Hi,

I have read the above sticky for tenants etc but i just wanted to get a little more clarification on this matter before proceeding with fighting this.

My 12 month 'assured shorthold' tenancy expires on the 19th of Nov 2012. We have chosen not to renew. I contacted my letting agent about 2-3 weeks ago and explained that we were contemplating not renewing and gave our reasons for this. After an exchange of a couple emails back and forth i didnt hear from them regarding my tenancy. I contaced them today to say that we had decided not to renew and that i thought they should know seeing as they hadn't contacted us. I asked them what the next step was regarding the returning of keys, paperwork, deposit/bond return etc and all i got was an email stating that they [FONT=&quot]"require one months notice in line with your rent due date" "[/FONT][FONT=&quot]This would effectively take place from the 20th November to expire on the 19th December 2012"

I didn't expect that response as i assumed the tenancy was coming to a natural end, we are not ending the tenancy early so why do they have the right to take a months money for no reason? I have now read that this may in fact not be the case? Or am i wrong? It just seems too harsh that we need to pay an extra months rent(£550)after we have moved for a tenancy that has ended its natural term. Is this right? Can they do this or do we have the right to say something and fight it?

Thanks for any information


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Hump

You can leave on the last day of the fixed term i.e. 19th November 2012 without giving notice - clearly it makes sense to tell them in advance so that an exit inventory/ inspection - final meter readings etc can be done. If you stay after the 19th November then you will need to give a month's notice to expire on the last day of a period of the tenancy (and will have to pay for the extra time you are there)

Yorkie1

Hump is correct. The LA is incorrect. The whole point about a fixed term tenancy is that you can leave at the end without notice being required. A term in the tenancy agreement does not override this. (NB. You may find that the clause containing the month's notice actually applies only once the fixed period has ended - if you post the specific clause on here then we can offer our views about how to argue back to the LA).

If they try to deduct the money from your deposit then raise a dispute with the deposit scheme.

Do you have an inventory from when you moved in? Now would be a good time to dig it out and see what it says about the condition of the place. If it is silent about the condition of anything then I would assume that they will argue it was clean etc.

Make sure you clean the place really thoroughly, including down the toilet and in cupboards / oven. Remove any scuff marks etc.

They may try to sting you for unfair deductions - note that they cannot deduct for fair wear and tear.

Emma_H

We are planning to be out of the property before the 19th, so do they not have the right to ask for another months rent as notice then? Thanks again

Emma_H

Yorkie1 wrote: »

Hump is correct. The LA is incorrect. The whole point about a fixed term tenancy is that you can leave at the end without notice being required. A term in the tenancy agreement does not override this. (NB. You may find that the clause containing the month's notice actually applies only once the fixed period has ended - if you post the specific clause on here then we can offer our views about how to argue back to the LA).

If they try to deduct the money from your deposit then raise a dispute with the deposit scheme.

Do you have an inventory from when you moved in? Now would be a good time to dig it out and see what it says about the condition of the place. If it is silent about the condition of anything then I would assume that they will argue it was clean etc.

Make sure you clean the place really thoroughly, including down the toilet and in cupboards / oven. Remove any scuff marks etc.

They may try to sting you for unfair deductions - note that they cannot deduct for fair wear and tear.

Thanks for that, i have been through my inventory to check everything and was planning on giving the place a thorough clean and leave it spotless. I just needed to be sure that they dont have a leg to stand on when it comes to them asking for a months worth of money as notice? I have been through my tenancy agreement and cannot see anywhere about having to give notice, other than if i wanted to end the tenancy early or if they wanted to end the tenancy, which isnt the case. I will copy any relevant text and put it on here for further clarification if that would help..Thanks for your help.

mrschaucer

Enough with the emails. Write them a PROPER letter stating you will be leaving the property on the expiry of your 12 month assured shorthold tenancy and asking them to agree a date with you when they will be doing their inventory check. Do not even get into a discussion about "notice". If things get difficult with the letting agents, you need as much "in writing" as possible.

Emma_H

mrschaucer wrote: »

Enough with the emails. Write them a PROPER letter stating you will be leaving the property on the expiry of your 12 month assured shorthold tenancy and asking them to agree a date with you when they will be doing their inventory check. Do not even get into a discussion about "notice". If things get difficult with the letting agents, you need as much "in writing" as possible.

Thanks for your reply. I understand this but i am not the one who has started this discussion about "notice", they have. I have informed them of my leaving the property( i will also put in in writing to them tomorrow) which is all i am supposed to do going off the above replies and they are the ones who are now saying they will be taking another months rent come the end of tenancy. I just wanted clarification that, that is actually wrong and they are not legally entitled to do so? If i cancel my direct debit to stop them taking monies (as i pay in advance i am now covered up until the end of the agreement)am i in the right to do so?

Fire_Fox

mrschaucer wrote: »

Enough with the emails. Write them a PROPER letter stating you will be leaving the property on the expiry of your 12 month assured shorthold tenancy and asking them to agree a date with you when they will be doing their inventory check. Do not even get into a discussion about "notice". If things get difficult with the letting agents, you need as much "in writing" as possible.

Agree with this. Whilst you don't have to inform the landlord, it is wise to do so to maintain a positive relationship - you can then organise and attend the checkout and handover of keys.

It likely to be a standing order not a direct debit and yes you must cancel it, Emma H, the letting agent cannot do that on your behalf because it is an instruction you made to your bank to pay them every month. On a standing order you give or send money, on a direct debit they ask for or take money.

Kynthia

In contrast to what many LAs believe, you don't need to give notice to leave at the end of a fixed term although it's courteous to do so. Give your formal written notice now to leave by the 19th and dispute any deposit deduction for rent. See the below link for confirmation:
http://www.tenancyagreementservice.co.uk/ending-a-tenancy-agreement.htm

G_M

Agree with the above.

1) Just write a formal letter. "This is to advise you that on the expiry of my 12 month fixed term I shall be leaving the above property on 19th November"

2) do not even mention the Notice stuff - it is irrelevant

3) Ask for a date for the inspection and whether they would like you to drop off the keys at their office, or collect them during inspection on the 19th

4) cancel your direct debit at the bank. Also include in your letter to them a request that they cancel your DD.

5) keep a copy of the letter

6) Do not under any circumstances either stay till the 20th, or keep the keys till the 20th!

7) clean the property. Take photos. Have a friend round (as a potential witness!) on the last day.

Emma_H

Thank you all for your replies. I just needed clarification from someone that they do not have the right to do what they are saying they are going to do at the end of the tenancy so i feel a bit better now about fighting that. I will also do as mentioned above ie Put it in writing, takes lots of photos, leave it spotless etc as i am already pretty sure they will go out of there way to take some of my Deposit off me unfairly. We shall see.

Thanks again