End of tenancy,They want 4 weeks money??

DannyboyMidlands

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 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.

Don't worry, you don't sound like an idiot and are right to get things clear in your head.

But you need to realise that you have been talking to some unqualified person at a letting agents. There is absolutely no reason to assume that they know what they are talking about. Basically they can write whatever they like in a contract but it doesn't trump the law.

Provided that your deposit is protected and you do everything by the book then they cannot keep an additional 4 weeks money.

Out,_Vile_Jelly

Emma H- don't speak to them on the phone (either ignore their number, or politely say you are unable to enter into a conversation at that time and hang up). Letting agents have no training or professional qualifications, and their knowledge of housing law amounts to dropping legal-sounding words into conversation in a sinister and threatening tone. It's exhausting and pointless arguing verbally with people who clearly don't know what they're talking about.

Conduct all business from now on in writing. There is no argument to be had about notice- concentrate on returning the property to the condition described in the inventory.

Emma_H

To the last 4 replies Thank you!! You have put my mind at ease and made my rights clear to me which is what i needed to know. I feel so much better moving forward. I will keep all further correspondance with them in writing from now on. Thanks again for your advice. I will give you an update.

Fire_Fox

Sorry to be pedantic ... don't get confused between the end of the tenancy and the end of the fixed term when you are writing your letter, these are not automatically one and the same. The tenancy only ends if the tenant moves out (which you intend to) by the end of the fixed term. In other words it is the act of moving out that is ending the tenancy, not the date alone.

GDB2222

Whilst I think the advice given is probably correct, I cannot see how people can be quite so adamant without seeing the wording of this particular contract.

FireWyrm

GDB2222 wrote: »

Whilst I think the advice given is probably correct, I cannot see how people can be quite so adamant without seeing the wording of this particular contract.

Contract cannot override statute. Statute is quite clear. The tenant isnt require by law to give notice at the end of an AST although almost everyone would agree that it is 'polite' to do so. The OP has stated that they emailed the LA saying that they didnt think they would renew and then subsequently confirmed that position once again. They have done all that they are legally required to do.

In any case, the AST as a contract for 1 year. When that year is up, it's up. Provided that the Tenant leaves on that day, they have fullfilled the terms of the contract and it has run it's course. The LL could just has easily served a section 21 at this point, but that is another matter.

No-one says that the Law is fair to LL's because it obviously leaves it open for voids if a tenant leaves without doing the decent thing and dropping them an email, but the LA is in this case, entirely wrong if they think they can get away with billing the tenant an ADDITIONAL month's rent because of their inadequate understanding of the law. The tenant should fight it tooth and nail.

RAS

Can we just make sure that Emma lives in England or Wales?

Scottish law does require notice, I think. Artful could confirm.

FireWyrm

RAS wrote: »

Can we just make sure that Emma lives in England or Wales?

Scottish law does require notice, I think. Artful could confirm.

Agreed, but the period of notice in Scotland for an AST of 6 months or more is 40 days. The OP has already stated that they told the LA they wished to leave three weeks ago and then again later. The LA is clearly asking for 30 days notice which is not inline with Scotish law and doesnt fit...therefore, it is more likely to be England. If it were Scotland, it could be argued that the tenant has complied with the law already.

Emma_H

RAS wrote: »

Can we just make sure that Emma lives in England or Wales?

Scottish law does require notice, I think. Artful could confirm.

Yes i do live in England

Emma_H

FireWyrm wrote: »

Contract cannot override statute. Statute is quite clear. The tenant isnt require by law to give notice at the end of an AST although almost everyone would agree that it is 'polite' to do so. The OP has stated that they emailed the LA saying that they didnt think they would renew and then subsequently confirmed that position once again. They have done all that they are legally required to do.

In any case, the AST as a contract for 1 year. When that year is up, it's up. Provided that the Tenant leaves on that day, they have fullfilled the terms of the contract and it has run it's course. The LL could just has easily served a section 21 at this point, but that is another matter.

No-one says that the Law is fair to LL's because it obviously leaves it open for voids if a tenant leaves without doing the decent thing and dropping them an email, but the LA is in this case, entirely wrong if they think they can get away with billing the tenant an ADDITIONAL month's rent because of their inadequate understanding of the law. The tenant should fight it tooth and nail.

Would it make things easier if i copy the wording of the clause on my agreement onto here or does it still not matter? Does what you are saying still apply no matter what they write in the AST?