Renting - Landlord won't release me

Calluna13

Hi, I have been living here for 4.5 years and the landlord has made it clear he will be selling the house as soon as my contract finishes (he's offered it to me 3 times). In turn I told him about a year ago that I would start looking after Christmas and he said that was fine. In addition I have kept the agents fully informed of my house searching and given them updates on how the house buying process is going and asked them to inform the landlord. I also asked them to tell the landlord he could put the house on the market which I would be happy with. Apparently they have done this.


I received a letter from the agent today saying that the landlord intends to put the house on the market in June and that he won't release me from my contract so expects me to pay till the end (ie 4 months after I move out).


My tenancy agreement allows for early release with the written permission of the landlord.


I feel I have behaved impeccably in keeping him informed and he has made it very clear that he is selling. Despite the contract do the change in conditions nullify this and make it an unfair term of the contract? Do I have to pay or can I challenge this if he refuses to change his mind?

Guest101

U have to pay, unless there's a break clause.

G_M

Please tell us:
* date your most recent Tenancy Agreement started
* Length of Tenancy Agreement and/or end date
* exact wording in the TA of any 'Break Clause' allowing early termination.

Also 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?)

Calluna13

I moved in on 15th June 2009. Most recent tenancy agreement started 15 June 2012 and ends 14 June 2014. I'll have to come back to you on the exact wording ....


However have just read your link and the contract is unfair in that the landlord has no rights at all to end the tenancy early but the tenant can with the written permission of the landlord. Therefore they do not have the same termination rights. Does this render the contract and notice invalid?

mrginge

No it doesnt.

Guest101

Calluna13 wrote: »

I moved in on 15th June 2009. Most recent tenancy agreement started 15 June 2012 and ends 14 June 2014. I'll have to come back to you on the exact wording ....


However have just read your link and the contract is unfair in that the landlord has no rights at all to end the tenancy early but the tenant can with the written permission of the landlord. Therefore they do not have the same termination rights. Does this render the contract and notice invalid?

The ll has the right with your agreement*

G_M

Calluna13 wrote: »

I moved in on 15th June 2009. Most recent tenancy agreement started 15 June 2012 and ends 14 June 2014. I'll have to come back to you on the exact wording ....


However have just read your link and the contract is unfair in that the landlord has no rights at all to end the tenancy early but the tenant can with the written permission of the landlord. Therefore they do not have the same termination rights. Does this render the contract and notice invalid?

The contract? Of course not.

What notice? You have said nothing about either you or the LL giving notice.

Without seeing the precise wording it is impossible to comment reliably.

Normally where there is ambiguity in the terms of a contract it is interpreted in favour of the party who did not draft it (ie the tenant I assume).

As for

the tenant can with the written permission of the landlord.

this is a meaningless clause. A LL and tenant can always end a tenancy early if they both agree, so the clause adds nothing.

Calluna13

I am getting the feeling having re-read the letter from the letting agent that they had previously not bothered to inform the landlord of my forthcoming departure. I have been talking to them since September about this and have continuously asked them to tell the landlord of my status so that he could put the house on the market early. I think the first he has heard of it is 2 days ago which is why he won't release me and explains why the house is not on the market.

I have told the agent I am coming in to look at my file tomorrow.

If the agent has not followed my instructions (they are verbal sadly) then where does that leave me?

G_M

The agent only has to take 'instructions' from his client - the landlord.

Have you been informing the landlord properly of your plans:

writing (letters) to him at the address provided?

DRP

i don't think it would make any difference even if your instructions were written - the agent works for the LL , not you.

If the LL won't release you you can suggest that he will have difficulty carrying out viewings as you won't permit them...

dktreesea

Calluna13 wrote: »

I received a letter from the agent today saying that the landlord intends to put the house on the market in June and that he won't release me from my contract so expects me to pay till the end (ie 4 months after I move out).

Sorry, I don't get why you would still be paying after you moved out? The Landlord can put the house up for sale, but you don't have to allow prosepective buyers access. You have a lease. Even if he sells it, wouldn't your lease still be valid, i.e. he would be selling it with a sitting tenant, not with vacant possession?