Moving out questions (private rent+EA)

corell

We are looking to move out of our rented property within the next few months and have a few things that Im not too clear on so wondering if anyone can help.

Our EA has recently changed their company details, name, bank account etc. Ive not signed a tenancy agreement since the original 3.5 years ago. They say there could be an issue with the deposit as it is in the old business name and want me to sign a new tenancy with the new company name so they can change the deposit over. Im not willing to sign a new tenancy since Im looking to move and theres a lot of issues with the house currently, mainly damp issues in all rooms. Is it correct that there will be an issue in the releasing of the deposit if its not changed to the new business details? They also keep contacting me saying we have no right to the property if we dont have a new tenancy agreement, implying we can be thrown out with no notice.

On moving in, the guy showing us around had an inventory which he tried to get us to sign before we had looked around. I made him walk around with me and note some issues (broken tiles, fireplace etc). He noted them down but then got more interested in his phone and left without us signing it. Is it still valid?

Our move in date was 30.06.2010. We pay rent monthly. What would be the date we have to move out, Im thinking the 29th of whichever month? Im really not sure as Ive never done this before and its not on any paperwork since Ive not signed any new tenancy agreements.

Thats all for now but I may remember more later.
Thanks in advance.

Kynthia

corell wrote: »

We are looking to move out of our rented property within the next few months and have a few things that Im not too clear on so wondering if anyone can help.

Our EA has recently changed their company details, name, bank account etc. Ive not signed a tenancy agreement since the original 3.5 years ago. They say there could be an issue with the deposit as it is in the old business name and want me to sign a new tenancy with the new company name so they can change the deposit over. Im not willing to sign a new tenancy since Im looking to move and theres a lot of issues with the house currently, mainly damp issues in all rooms. Is it correct that there will be an issue in the releasing of the deposit if its not changed to the new business details? They also keep contacting me saying we have no right to the property if we dont have a new tenancy agreement, implying we can be thrown out with no notice.


You have a valid statutory periodic tenancy and are protected by tenancy laws. They would have to go through the courts to gain possession of the property if you did not want to move out. Usually your contract is with the landlord, has the landlord changed?

On moving in, the guy showing us around had an inventory which he tried to get us to sign before we had looked around. I made him walk around with me and note some issues (broken tiles, fireplace etc). He noted them down but then got more interested in his phone and left without us signing it. Is it still valid?


It's a much less useful document to the landlord if it isn't signed and agreed with the tenant. That's not to say it would be ignored completely by the deposit protection scheme should you dispute any charges, but it's not as good evidence for the landlord as if it was signed.

Our move in date was 30.06.2010. We pay rent monthly. What would be the date we have to move out, Im thinking the 29th of whichever month? Im really not sure as Ive never done this before and its not on any paperwork since Ive not signed any new tenancy agreements.


Is there an actual start and end date on the first contract or does it just specify a time such as six months? Based on your move in date it's likely your tenancy periods are 30th of a month until 29th of the following month. Therefore you need to give 'not less' than a whole tenancy period as notice. The notice begins once it is served and it's usually a good idea to have evidence in case of a dispute.


Thats all for now but I may remember more later.
Thanks in advance.

I can't see that there's any reason to sign a new contract. Do you have the prescribed information that shows your deposit was protected?

G_M

* your current tenancy - fixed term? end date? or periodic (monthly)?

Obviously if you are thinking of moving, do not commit yourself to a length of time (eg 6 months) which is beyond when you want to move! Sounds obvious, but people do strange things!

Of course, if they really want a new contract, agree to sign a shorter one, eg 3 month. Or 2. After that you can go to a monthly periodic.

Or offer to sign a "Contractual Periodic Tenancy" which is monthly rolling from the start and allows either side to give (sometimes 2, or 3, or 1 month) notice at any time.

Who is named on the current agreement as the 'Landlord'. It is usually not the letting agent, though they may have signed it on his behalf.

BitterAndTwisted

corell wrote: »

They also keep contacting me saying we have no right to the property if we don't have a new tenancy agreement, implying we can be thrown out with no notice.

If you have never signed another fixed-term AST since the first one in 2010, then you are now on a rolling periodic tenancy which requires the landlord/agent to serve you with two month's written notice via a Section 21 Notice. That only signifies their intention to end your tenancy via the court. Only you or a court can legally end your tenancy. They can imply anything they like but being thrown out with no notice is a downright lie. Ask them to put this threat in writing!

Our move in date was 30.06.2010. We pay rent monthly. What would be the date we have to move out, I'm thinking the 29th of whichever month?

You are correct. Your rental periods run from the 30th of one month to the 29th of the following month. In order to give the correct notice when you want to end your tenancy you will need to give them one complete rental-period's notice as an absolute minimum. Which means you must ensure that they receive your written notice before the 30th by sending it by first-class post at least two days before that. Send it from a post-office and retain proof-of-postage.

As your deposit is the ultimate responsibility of the party with whom you have entered into the contract, that is the landlord, rather than their representative the agent, I would suggest that this "name-changing" of the agent and the requirement to re-register your deposit is a red-herring or an attempt at misleading you. The landlord has either changed agents or the original agent has been acquired by the new one. Ask them which is the case.

In any event, you cannot be compelled to sign a contract which you do not wish to, regardless of what happens to your deposit. If you are not confident that your deposit will be returned at the end of your tenancy you still have the option of not paying the last month's rent in lieu.

G_M

see also:

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?)

corell

Yes we have the letter to say our deposit is protected, I also checked online and it is showing as protected.

BitterAndTwisted wrote: »

If you are not confident that your deposit will be returned at the end of your tenancy you still have the option of not paying the last month's rent in lieu.

How would this work? I wasnt aware this was allowed, can it lead to further problems?

G_M

corell wrote: »

How would this work? I wasnt aware this was allowed, can it lead to further problems?

It is not 'allowed'. It would be a breach of the tenancy agreement and you would be in rent arrears.

corell

I dont really want to open a can of worms being in rent arrears as that might scupper my chances getting another house. We are in the position now where we are able to move soon so Im hoping if we just do our best with the house and make sure theres nothing at all to pull us up short with the checkout/deposit then we should hopefully be fine, I think.
I have a question regarding notice. Who do I send it to? The EA or the LL? I have addresses for both although never had any communication at all with LL.
Thanks

jjlandlord

The question is what would be the consequences of being technically in arrear be. In such case, the only consequence is likely to be a bad reference.

If I were confident that my landlord would not return my deposit I would seriously consider not paying the last rent.

Now if your deposit is protected in a scheme the situation is better though not by that much.


As for your notice, your tenancy agreement should contain one address for the purpose of serving notices, so use that one.
If unsure send it to both landlord and agent.

corell

Ive been packing and come across a letter from the deposit company regarding the EA's business name change, just to say that the deposit is moving from name A to name B. So obviously it is rubbish that they tried to use "complications" with the deposit to get us to sign a new agreement but I expect nothing less from them.
It also says in that letter that the deposit wasnt protected until September and we moved in in June.

Ive served notice and they received it a few days ago. I dont know if Ive said previously but we have applied for a house with a different EA and are awaiting the result of that, Im hoping it will go through okay as we have been good tenants always pay rent on time etc. I was wondering though what happens now about the notice. Do we wait to hear from them to see if they accept it or is that it now? Ive sent the letter they signed for it etc.

ETA: I do realise Ive served notice without having anywhere "conrete" to move into. I just didnt want to have to stay an extra month here.

ETA (again, sorry) The house hasnt been redecorated at all in the 3.5years+ so can they charge us for any marks on the walls? I'll be cleaning them down as much as I can obviously but just wanting to check.

moromir

As far as I'm aware theres no need to sign a new agreement to confirm a change in the landlord's details.

I thought it was sufficient to give notice persuant to Section 48 of any new details for the landlord?

Or does this only apply where ownership physically changes hands?