End of tenancy,They want 4 weeks money??

pinkshoes

I presume the deposit was protected?

I'd get proof of postage when you post the letter.

G_M

pinkshoes wrote: »

I'd get proof of postage when you post the letter.

As it's free, why not?

But as formal Notice is not required, evidence of sending the letter is also not required!

Emma_H

What a problem i am going to have. I was all set to post my letter this morning stating that i plan to vacate the property at the end of my tenancy(well a few days before the actual end date)etc and before i got the chance i recieved a phone cal from the EA telling me that my Tenancy is due to run out and what do i wish to do? I told the lady i had already been in contact with someone in their office via email back and forth and already explained that i will not be renewing etc. I was surprised that communication obviously doesn't go on in this office of only 3 people i might add!(i did not say this on the phone to her)
The lady then said that they require a months notice that will take place after the 19th(my end date)to the following month.
I respectfully told her that i obviously didn't agree with this and had sought some advice regarding it and i am led to believe that that is not the case and i am not required by law to give such notice as the tenancy is coming to an end. She obviously disagreed and said it is in my tenancy that that is what they require and that i signed my tenancy so therfore am held to it. I said i disagree as i was led to believe that the section in the tenancy was referring to if i wanted to end the tenancy and leave before the end date to which she said it doesn't it just means 'Notice to Vacate' ie at the end of tenancy i still have to give notice that i will be vacating.

I cannot understand this..How do i have to give notice to the end of a contract.
She wanted to get off the phone quickly obviously so said she would confirm this with a a colleague and will get back to me but still basically ended the conversation saying that you signed the tenancy therefore you owe us a months rent..end of. I now know i am going to have a fight on my hands with this which is exactly what i didn't want. That and my deposit i can see being a big issue trying to get back.

How can i fight this now? Do i have the right to fight it even though i signed my tenancy agreement? I cannot afford a solicitor but feel that would be my only chance of fighting them so i am going to lose this argument am i?

poppysarah

Ring shelter - for the exact words to put to this shower of idiots.


Or ring them back and ask to speak to the senior manager person.

Calmly state your tenancy ends on 19th and as such you will be leaving then and that NO NOTICE IS REQUIRED.

Write them and send it registered too.


Muppets. Shouldn't be allowed. Seriously.

DRP

Emma_H wrote: »

What a problem i am going to have. I was all set to post my letter this morning stating that i plan to vacate the property at the end of my tenancy(well a few days before the actual end date)etc and before i got the chance i recieved a phone cal from the EA telling me that my Tenancy is due to run out and what do i wish to do? I told the lady i had already been in contact with someone in their office via email back and forth and already explained that i will not be renewing etc. I was surprised that communication obviously doesn't go on in this office of only 3 people i might add!(i did not say this on the phone to her)
The lady then said that they require a months notice that will take place after the 19th(my end date)to the following month.
I respectfully told her that i obviously didn't agree with this and had sought some advice regarding it and i am led to believe that that is not the case and i am not required by law to give such notice as the tenancy is coming to an end. She obviously disagreed and said it is in my tenancy that that is what they require and that i signed my tenancy so therfore am held to it. I said i disagree as i was led to believe that the section in the tenancy was referring to if i wanted to end the tenancy and leave before the end date to which she said it doesn't it just means 'Notice to Vacate' ie at the end of tenancy i still have to give notice that i will be vacating.

I cannot understand this..How do i have to give notice to the end of a contract.
She wanted to get off the phone quickly obviously so said she would confirm this with a a colleague and will get back to me but still basically ended the conversation saying that you signed the tenancy therefore you owe us a months rent..end of. I now know i am going to have a fight on my hands with this which is exactly what i didn't want. That and my deposit i can see being a big issue trying to get back.

How can i fight this now? Do i have the right to fight it even though i signed my tenancy agreement? I cannot afford a solicitor but feel that would be my only chance of fighting them so i am going to lose this argument am i?

i don't think you need to 'fight' as the law is very clear:

1. Assuming you have a 12 month AST (not a periodic tenancy).
2. Assuming your deposit is protected.

I wouldn't bother getting into any tit-for-tat conversation - just follow the advice given by previous posters regarding 'checkout' procedure and then contact the DPS to get your deposit.

mrschaucer

And keep us informed of how you get on!

DannyboyMidlands

Solicitor? What are you talking about?

You don't have to fight anything. Just move out as has been described above and if the landlord tries to keep any deposit money, the DPS will give it back to you.

The LA is wrong and you are right. Stop worrying about it.

Emma_H

Thank you all for your replies. I know i must be coming across as a worrier and an idiot. I just started worrying when she pointed out that i had signed their tenancy agreement which states that they require 4 weeks notice to vacate, even at the end of a tenancy. I was worried that the 'law' would not apply to me as i had signed it and would be held to their clauses. The clause in question always came across to me as if we wanted to end the tenancy early then we would be required to give notice as expected, i never expected it to include the end of tenancy.

I will take everyone's advice on board and just put it in writing that i am vacating at the end of tenancy and am not required to give notice. I will ask to be informed of the check out appt so that i can be there.
I hope they back down, not sure what my next step would be if they refuse to budge and stick by there clause. Anyway ill update you all, thanks again.

FireWyrm

Emma_H wrote: »

Thank you all for your replies. I know i must be coming across as a worrier and an idiot. I just started worrying when she pointed out that i had signed their tenancy agreement which states that they require 4 weeks notice to vacate, even at the end of a tenancy.

They can also ask for the blood of your firstborn, it doesnt make the clause enforceable. They are the idiots not you. The law is quite clear, you do NOT have to give notice at the end of an AST BUT it would be *nice* if you did. Since you did, in the form of an email, you have done all you need to do. See this : http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_fixed_term_agreement

Remember, EAs/LAs dont have to have any formal training in life let alone the law. They are wrong, you are right. Stick to your guns. My next stop would be the DPS to find out which one has my money and how to start a dispute.

bluewagon wrote: »

I was worried that the 'law' would not apply to me as i had signed it and would be held to their clauses.

The 'law' governing an end to AST is STATUTE. Their 'contract' is just that, contract. It CANNOT override statute. End of.

bluewagon wrote: »

The clause in question always came across to me as if we wanted to end the tenancy early then we would be required to give notice as expected, i never expected it to include the end of tenancy.

It doesnt. They're talking great steaming piles of bovine exrement.

bluewagon wrote: »

I will take everyone's advice on board and just put it in writing that i am vacating at the end of tenancy and am not required to give notice. I will ask to be informed of the check out appt so that i can be there.

Note, you are not 'entitled' to be at the checkout. They do however have to either give you your money back within 10 days or an explanation of deductions. Wereupon, you go through it and dispute the hell out of it. When you leave, be sure to take PLENTY of timestamped photos, closeups, a witness etc. Dollars to doughnuts they'll be ticked over lossing that money and they'l try to recover it another way. You're in for a fight, but its not hard to do, the law is on your side.

bluewagon wrote: »

I hope they back down, not sure what my next step would be if they refuse to budge and stick by there clause. Anyway ill update you all, thanks again.

They probably wont back down because they are convinced they are right and besides, thats what they told the LL they would do...even if it was wrong and illegal. You have to fight your corner. Use the DPS dispute service, write a robust defence quoting the law and enclosing EVIDENCE of the state of the property when you left. They'll take it from there.

poppy10_2

Emma_H wrote: »

Thank you all for your replies. I know i must be coming across as a worrier and an idiot. I just started worrying when she pointed out that i had signed their tenancy agreement which states that they require 4 weeks notice to vacate, even at the end of a tenancy. I was worried that the 'law' would not apply to me as i had signed it and would be held to their clauses.

The contract clauses cannot over-ride your statutory rights. You don't need to give them any notice, and you do not need to 'fight' anything. If they try to take money from your deposit then you can counterclaim with the DPS and get the full amount. If they try to sue you for the moey (very unlikely) they will be laughed out of court.