Need urgent advice regarding Tenancy/Landlord/Agent

Wheredoistand

Joined here for some advice.

We moved into a property 10 days ago, we had an incident within 5 days of moving in, we were fuming and logged the incident with the police although no action is being taken but its still on record.

We received a text from the agent a few days ago stating that the landlord was willing to let us leave with 4 weeks notice as that would be the only way without holding us to the 6 month tenancy and he said it would be put into writing.


However we received the letter today and it says nothing about letting us out of the tenancy with 6 months notice despite it being written by him in the text which we still have.


We have spoken to the CAB who have told us to write to the Landlord direct but when we informed the agent of this he got aggressive insisting everything been done by him, we have a lot of texts from the agent backing up our claims so where do we stand legally? We vacated the property the day after the incident as we are too scared to go back there never mind live there.


We want to give the notice that the agent said would be required but he is now backtracking.


Thank you for your time, hope someone can help.

grifferz

Wheredoistand wrote: »

We received a text from the agent a few days ago stating that the landlord was willing to let us leave with 4 weeks notice as that would be the only way without holding us to the 6 month tenancy and he said it would be put into writing.

Need it in writing indeed.

Wheredoistand wrote: »

We have spoken to the CAB who have told us to write to the Landlord direct but when we informed the agent of this he got aggressive insisting everything been done by him, we have a lot of texts from the agent backing up our claims so where do we stand legally? We vacated the property the day after the incident as we are too scared to go back there never mind live there.

CAB are correct, you need an answer in writing from the landlord. Just bear in mind you unfortunately have close to nothing backing you up right now.

Wheredoistand wrote: »

We want to give the notice that the agent said would be required but he is now backtracking.

When negotiating with the landlord you could point out that you have a promise from the letting agent in a text which you have kept, that says you will be allowed out of the agreement early. However, as it's not in writing I don't think it's worth much.

This is why every post on here says to only act on things that are in writing..

Now what you want to hear, I appreciate.

Werdnal

Mmmm, very similar post here:

https://forums.moneysavingexpert.com/discussion/4584207

Just an observation and maybe an unrelated co-incidence, but a lot of the info in this thread is similar, and the advice and replies received would also apply to your situation.

Wheredoistand

Werdnal wrote: »

Mmmm, very similar post here:

Just an observation and maybe an unrelated co-incidence, but a lot of the info in this thread is similar, and the advice and replies received would also apply to your situation.

Unrelated to our situation as that one was a landlord we have an agent and a landlord.

Wheredoistand

grifferz wrote: »

Need it in writing indeed.


CAB are correct, you need an answer in writing from the landlord. Just bear in mind you unfortunately have close to nothing backing you up right now.


When negotiating with the landlord you could point out that you have a promise from the letting agent in a text which you have kept, that says you will be allowed out of the agreement early. However, as it's not in writing I don't think it's worth much.

This is why every post on here says to only act on things that are in writing..

Now what you want to hear, I appreciate.

Cheers for your reply, no not what I wanted to hear really but I'm hoping we have some leverage because of this.

grifferz

Wheredoistand wrote: »

Cheers for your reply, no not what I wanted to hear really but I'm hoping we have some leverage because of this.

On your tenancy agreement you should have an address for correspondence with the landlord. If it is missing or if it is just the letting agent's address then you can ask for the landlord's contact details in writing and the agent has to supply this within 21 days.

You are still liable for the rent payments until the landlord lets you out of the agreement, but you don't have to pay them until you have a working correspondence address for the landlord, so if the agent gets shirty with you then you can point this out and say you are keeping your rent payments aside until you have contact.

If they still refuse to give it to you then they are in breach of their obligations.

http://england.shelter.org.uk/get_advice/renting_and_leasehold/rights_and_responsibilities/landlords_responsibilities#giving_the_tenant_certain_information

It will reflect badly on them if you point out that you are only doing this in order to reach a compromise with the landlord.

DomRavioli

A text message is not a form of written contract, therefore it holds no leverage. As no action is being taken by the police, you have abandoned the property and breached the contract. Landlord can and will expect the full 6 months rent from you.

Wheredoistand

grifferz wrote: »

On your tenancy agreement you should have an address for correspondence with the landlord. If it is missing or if it is just the letting agent's address then you can ask for the landlord's contact details in writing and the agent has to supply this within 21 days.

You are still liable for the rent payments until the landlord lets you out of the agreement, but you don't have to pay them until you have a working correspondence address for the landlord, so if the agent gets shirty with you then you can point this out and say you are keeping your rent payments aside until you have contact.

If they still refuse to give it to you then they are in breach of their obligations.

It will reflect badly on them if you point out that you are only doing this in order to reach a compromise with the landlord.

The agent seems determined to block access to the landlord but fortunately we do have the landlords address so we will send a recorded letter to them very quickly.

The agent said in the texts that the landlord was willing to let us out of the tenancy with 4 weeks notice and that the landlord was being reasonable by doing this which is right but the letter we received from the agent yesterday states we are stuck in the tenancy and doesn't give us the option that was offered in the text which was states as if there was an agreement between the agent and landlord, it all seems very fishy to me.

grifferz

Wheredoistand wrote: »

The agent said in the texts that the landlord was willing to let us out of the tenancy with 4 weeks notice and that the landlord was being reasonable by doing this which is right but the letter we received from the agent yesterday states we are stuck in the tenancy and doesn't give us the option that was offered in the text which was states as if there was an agreement between the agent and landlord, it all seems very fishy to me.

Unfortunately what the agent has put in a text message is completely irrelevant to your situation beyond its use as a form of "there seems to have been some sort of misunderstanding because agent advised us in text message the following exact words: ... but then later wrote ... which is contradictory. We have acted in the spirit of the text agreement and this is how we would like to proceed, so please can you clarify how you would like to resolve this?" etc.

in writing.

You should expect to also be required to pay re-letting fees so you may want to add that in to show that you are serious about reaching a satisfactory agreement.

Just bear in mind that landlord is under no obligation to let you out of the original agreement, beyond the risk of you being unable to pay and have no assets worth suing you for.

RAS

Is it possible that the decision not to take action has affected the LLs view of the seriousness of the incident?

G_M

What was the 'incident'? (dog related?)

* may have been mis-communication between LL & agent
* LL may have changed his mind (eg because the incident was not serious enough for police action etc)

Either way, ignore the text which is meaningless. You need to obtain a written agreement from either the LL or agent to an Early Surrender - on whatever terms you are abole to negotiate.