UK AST/ Tenancy Experts? (warning: long)

MissAUK_2

Estate agents told us verbally that initial 6 month AST was "just a formality", and that our landlord wanted long term tenants. We signed agreement based on that assurance. Now they tell us landlord wants to sell, 4 months into the contract! Can this be active misrepresentation? We believe the EA knew of the landlord's intentions before letting to us, and allowed us to go ahead anyway. This has now led to extreme financial and emotional stress since we have to find a new place to live. On top of this we are now receiving phone calls from valuers asking to come round and look at the property as the estate agent has given them our mobile numbers to arrange to come around. After which no doubt they will also expect to send round WA's and prospective buyer's!

To top it all off we have now received the formal notice through the post and it states incorrectly that they have received our notice to leave and have passed it on to the landlord!

We have drafted a letter to state that the above is untrue, and in fact we were led to believe the contract would be renewable and that the landlord wanted long term, so to please re-send a corrected letter with accurate reason for termination. Also that according to our agreement we are under no obligation to allow visits until the final 6 weeks of the tenancy, and do not give consent to them passing on our contact details to any other person in order to arrange this. We said we are seeking a new place to live and as soon as we have found one we shall notify them immediately and from that date forward (or the final 6 weeks, whichever is sooner), we will be happy to negotiate visitations, and/ or agree early termination.

Tbh the whole thing has left a bad taste. This was our dream home and we planned to stay until we could buy somewhere in 5+ years time. I work from home, and we have cats to consider, so this whole thing has come as a bombshell and will literally mean uprooting our lives.

My question is, are the above points I have made fair and legally valid?

Also, based on the fact that the landlord clearly needs to get moving asap, would be be within our right to negotiate an early termination of the contract as soon as we find a new place, without us having to pay the final month's/ whatever rent? OR, to stay in the property at a much reduced final rent until the end of the term?

We have no wish to be awkward or cause an obstruction, however this same thing happened to us in our previous tenancy, and we are now pretty sure that the EA's were aware of LL's intentions before letting us sign the contracts. We're not happy to be pushed around and want to make our position clear, without jeapordising our chances of a good reference, return of deposit, or early termination if required.

Thank you in advance, and sorry for rambling.

RAS

Do you have anything in WRITING (not e-mail) from the EA stating it was a long-term let?

Exactly what formal notice have you received through the post?

Is your deposit with registered with one of the required schemes and do you have the prescribed information, sent within 30 days of starting the tenancy?

G_M

MissAUK wrote: »

Estate agents told us verbally that initial 6 month AST was "just a formality", and that our landlord wanted long term tenants. We signed agreement based on that assurance. Now they tell us landlord wants to sell, 4 months into the contract! Can this be active misrepresentation?
No

We believe the EA knew of the landlord's intentions before letting to us, and allowed us to go ahead anyway. This has now led to extreme financial and emotional stress since we have to find a new place to live. On top of this we are now receiving phone calls from valuers asking to come round and look at the property as the estate agent has given them our mobile numbers to arrange to come around. After which no doubt they will also expect to send round WA's and prospective buyer's!
Up to you whether you permit access to surveyor's and buyers. Make your preference clear in writing - at the correct address.

To top it all off we have now received the formal notice through the post and it states incorrectly that they have received our notice to leave and have passed it on to the landlord!
What formal notice? Either it is a S21 Notice (which may or may not be valid) or it is simply acknowledgement of receipt of YOUR notice, which you can ignore.

We have drafted a letter to state that the above is untrue, and in fact we were led to believe the contract would be renewable
pointless. No leg to stand on. You had a 6 month AST. End of.
and that the landlord wanted long term, so to please re-send a corrected letter with accurate reason for termination.
please clarify - have you or have you not received a S21 Notice?
Also that according to our agreement we are under no obligation to allow visits until the final 6 weeks of the tenancy, and do not give consent to them passing on our contact details to any other person in order to arrange this.
as above. But use correct address.
We said we are seeking a new place to live and as soon as we have found one we shall notify them immediately and from that date forward (or the final 6 weeks, whichever is sooner), we will be happy to negotiate visitations, and/ or agree early termination.

Tbh the whole thing has left a bad taste.
Sorry.
This was our dream home and we planned to stay until we could buy somewhere in 5+ years time. I work from home, and we have cats to consider, so this whole thing has come as a bombshell and will literally mean uprooting our lives.
Renting on 6 month AST's is, unfortunately, insecure.

My question is, are the above points I have made fair and legally valid?
some yes, some no.

Also, based on the fact that the landlord clearly needs to get moving asap, would be be within our right to negotiate an early termination of the contract as soon as we find a new place,
you can 'negotiate' anything you want - provided both sides agree!
without us having to pay the final month's/ whatever rent? OR, to stay in the property at a much reduced final rent until the end of the term?
as above

We have no wish to be awkward or cause an obstruction, however this same thing happened to us in our previous tenancy, and we are now pretty sure that the EA's were aware of LL's intentions before letting us sign the contracts. We're not happy to be pushed around and want to make our position clear, without jeapordising our chances of a good reference, return of deposit, or early termination if required.
if a good reference is required, tread carefully.

Thank you in advance, and sorry for rambling.

S21 Notice received? Either early in tenancy or this 'letter' you've just had?

Read this post here.

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

MissAUK_2

Notice itself is correct - section 21 with correct dates and wording etc (though served 2 months before, it doesn't say to end until our agreed contract does). The letter that comes with it from the estate agents however states they have received OUR notice of wishing to leave (we only found out about this, via telephone, 2 days ago when told LL wants to sell). Deposit is registered. EA has done everything correct and above board apart from the statement in their letter which suggests that WE have chosen to end the AST.

We're not quibbling whether the notice is valid, we want to leave anyway now all this has happened.

To clarify, I want to know where/ how I can find out if false representation occurred (just saying "no" doesn't cut it). Obviously this is hard to prove, and it's not a route we want to go down legally, we just want to cover all bases in case this gets ugly.

I also wish to know if there's a diplomatic way to either end the agreement early with no penalty, or staying with greatly reduced rent to compensate us. Also, if we're ok stating we will not accept visits from valuers or phone calls etc, at least not until the final 6 weeks, or until we have found somewhere else (whichever is sooner).

Thank you again, and for the responses already.

RAS

You are not required to permit any viewing at all; you are entitled to quiet enjoyment.

The S21 does not require you to leave at the end of the notice period; it gives notice that after that date, the LL can take legal action to remove you.

Do you need a reference to get a new property??

Unless you have written evidence that the EA agreed to a long-term tenancy, you have no case for misrepresentation. And even with that, you are on a very sticky wicket because you have to prove loss.

Yorkie1

I think you need to draw a line under your assertions that this is fraud. You have to be able to prove that the EA was dishonestly and deliberately lying to you. You have no way of doing that - there is indeed the possibility that the LL's plans have changed, or the LL might just have not told the EA the truth at the outset anyway.

Focus your energies elsewhere.

G_M

MissAUK wrote: »

To clarify, I want to know where/ how I can find out if false representation occurred (just saying "no" doesn't cut it).

No you have no grounds for legal complaint on this basis.

If LL had wanted to commit to 12 months, or 24, and have the security of a known rental income for that period, he would have offerred you a tenancy of .... 12 or 24 months.

He didn't. He offerred you 6 months.

You agreed.

If 'no' doesn't cut it, how about 'End of'?

MissAUK_2

G_M clearly you are unfamiliar with the situation of false misrepresentation, so I shall disregard your unhelpful comments. If you want to continue go ahead by all means, but I have now discovered the ignore/ block button

Thank you to the others for your (thoughtful) input!

@RAS we don't strictly need a reference no, but it would be useful, and also only fair considering the upheaval we now have to go through, through no fault of our own. Having pets and being self employed means we have to work extra hard to find and get the right place. Every little helps. I'm more focused now on finding somewhere else quickly, being undisturbed while doing so, and being able to leave without penalty.

Also, we have lost out - this particular agent was well over the average on "fees". We paid up because this was the only one who told us the owner wanted long term. Then there's cancellation fees for phone, broadband, utilities, fees to update driving license, time lost during my working day through having to seek somewhere else to live. And all this before we've even mentioned a deposit, fees, bond, extra fees for the pets, moving/ packing costs for the new property. Moving house is not cheap. Yes we would have to do it some time, but having to do it twice within 6 months when we've had no time to prepare or save, is just too much!

grifferz

MissAUK wrote: »

G_M clearly you are unfamiliar with the situation of false misrepresentation, so I shall disregard your unhelpful comments. If you want to continue go ahead by all means, but I have now discovered the ignore/ block button

It's think it's actually G_M who is providing you with useful comments. Even if you could prove that your letting agent gave a fraudulent representation, the fact is that you then went ahead and signed a document that stated clearly that it was for only 6 months. I suggest that would scupper any real chance you have of holding anyone to a promise that it actually was for longer. If either party had wanted it in writing the framework exists to do that.

I'm not a lawyer but logic tells me that the first question that would be asked is, "if that were important to you then why didn't you insist upon a longer fixed period?" Unless someone who does have legal training advises you otherwise, that's what I'd be going with.

G_M and almost everyone else is telling you to give up this angle and that is because doing so will most likely save you money. You are also free to ignore that advice..

Sympathies on having to move, it does indeed suck. Don't waste more money on trying to sue people though.

mrginge

MissAUK wrote: »

G_M clearly you are unfamiliar with the situation of false misrepresentation, so I shall disregard your unhelpful comments. If you want to continue go ahead by all means, but I have now discovered the ignore/ block button

As you seem to be knowledgeable enough to disregard G_M's comments, i just wonder what answer you would like to hear?

(fyi G_M is correct)

pmlindyloo

MissAUK wrote: »

G_M clearly you are unfamiliar with the situation of false misrepresentation, so I shall disregard your unhelpful comments. If you want to continue go ahead by all means, but I have now discovered the ignore/ block button

Thank you to the others for your (thoughtful) input!

@RAS we don't strictly need a reference no, but it would be useful, and also only fair considering the upheaval we now have to go through, through no fault of our own. Having pets and being self employed means we have to work extra hard to find and get the right place. Every little helps. I'm more focused now on finding somewhere else quickly, being undisturbed while doing so, and being able to leave without penalty.

Also, we have lost out - this particular agent was well over the average on "fees". We paid up because this was the only one who told us the owner wanted long term. Then there's cancellation fees for phone, broadband, utilities, fees to update driving license, time lost during my working day through having to seek somewhere else to live. And all this before we've even mentioned a deposit, fees, bond, extra fees for the pets, moving/ packing costs for the new property. Moving house is not cheap. Yes we would have to do it some time, but having to do it twice within 6 months when we've had no time to prepare or save, is just too much!

As a new member you will be unaware that G_M is an extremely well respected and knowledgeable member of this forum.

He has given many, many people the benefit of his knowledge.

I am very sorry that you are in the position and it is very annoying and stressful I am sure.

However, the advice given by G_M and others is correct.

If you do not wish to follow people's advice on a public forum then I suggest that you visit CAB or call Shelter.

To prove misrepresentation you would have to have evidence.

You are, of course, at liberty to sue the LA/LL in the small claims court but the folk on here are trying to save you time/money/further stress.