Question about leaving rented property mid term

BigCraigJohn

Basically we are renting a flat and have been for 2 1/2 years.
For the first 12 months we had a signed contract with a letting agent which was I imagine bombproof, after this we were told we could stay on but would have to pay a £60 charge, same again after a further 6 months and 6 months again.

Now we have somewhere private to rent, we had agreed with the agents that we would do a rolling contract for a further 2 months but had not paid them the £60 charge. Yesterday they ring us to say that the landlord wont do a rolling contract and wants either 6 months or we have to move out in 2 weeks when the 6 months is up.

This leaves us in a really bad position, we have agreed to move to this private property in 2 months time.

One question is, is this £60 charge a reservation or are we subconsciously signing to a further 6 months and therefore tied to it. My gut instinct is that were are merely paying them £60 to not rent to someone else for 6 months.

I was just thinking if we were to pay the £60 charge and then put our notice straight in for 2 months time, what could they actually do?, like I said we only ever signed 1 contract and that ran out in september 2011.

They have been pretty dirty with us and messed us about here so i'm beyond caring if they take issue to it, works both ways. I'm more bothered about missing out on the property we have lined up, I just want to check if they would have any legal grounds for chasing up the further 6 months or keeping from our deposit etc?

Its all agreed word of mouth and in my world they broke their side of the deal.

BitterAndTwisted

Can you please clarify what precisely this £60 charge was for? Did you ever sign another fixed-term AST when you made these payments? As for "subconsciously" agreeing to another six months, there is no such thing as long as the property is in England & Wales.

It's not a matter of "the landlord won't do a rolling contract"! One automatically arises the day after the fixed-term ends. If you're on a rolling periodic tenancy you are obliged to give at least one rental-period's notice IN WRITING. Then you can safely go without owing another penny in rent, despite what the agent thinks or says.

dimbo61

First of all you dont have to move out in 2 weeks no matter what the Landlord thnks!!
The landlord has to serve a VALID S21 on you asking for the property back! He needs to give you two months notice asking you to leave and only then can he go to court to seek possession.
Ignore the LA/LL and wait for the letter with the S21 !! This will give you time to sort out your new place.
DO NOT SIGN A NEW TENANCY AGREEMENT or you may have to pay rent for 6 months

BigCraigJohn

I havnt signed anything since 2010. All mention of 6 months has been on the phone followed by an email.

My gut instinct is that the £60 charges are merely a reservation meaning they wont re-advertise the flat while we are there.

Sounding more and more like the agents trying to rinse as much from tenants as possible and playing on the fact we will believe everything they tell us.

I do know the landlord so i'm tempted to contact him direct on the matter, see if he has said anything.

G_M

Read:

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?)

Do NOT commit to a contract (eg 6 months) if you are not commited to staying for 6 months! Do NOT pay the fee.

dimbo61

You should have the landlords address on your tenancy agreement unless it states C/O letting agent but what are you going to Say ?
I do not want to sign a new tenancy agreement as we are moving in 2 months or so !
Say nothing and do nothing the agent just wants another £60 for doing as little as possible.
In 2 weeks you will go onto a periodic tenancy where you need to give one Calendar months notice and the LL needs to give you two

G_M

dimbo61 wrote: »

In 2 weeks you will go onto a periodic tenancy where you need to give one months notice aligned with the Tenancy Period and the LL needs to give you two

correction above - but the basic principle is correct.

redskyatnight_2

Agree with the majority here; the landlord can NOT make you leave in 2 weeks: he HAS to give you 2 months notice! Let him know that you know this, and that you will stay on monthly periodic until he gives you notice. DON'T SIGN ANYTHING.

G_M

redskyatnight wrote: »

Agree with the majority here; the landlord can NOT make you leave in 2 weeks: he HAS to give you 2 months notice! Let him know that you know this, and that you will stay on monthly periodic until he gives you notice. DON'T SIGN ANYTHING.

Why tell him? The sooner you tell him, the sooner he might issue a valid S21, and the sooner your 2 months starts ticking.