HELP- fixed term agreement now trying to charge

meggles88

Hi everyone,

Firstly thank you for your time reading my post sorry it's so long! I recently moved out of my old flat which I had lived in for over 2 years. Approximately 3 months ago the landlord raised the rent by £165! Therefore I started looking for somewhere else to live! I initially disputed the rent increase but had to accept in the end as I did not want to look for somewhere else right before Xmas!

What I didn't realise (human error on my part) is that when I resigned my tenancy agreement accepting the new price, the cheeky sods had put a 6 month fixed term let on me! Also in the new agreement it stated about paying a deposit and setting up a direct debit which seemed only applicable to new tenants. I did not have to complete these clauses.

I gave 33 days notice to the managing agency who did not highlight the fixed term to me and they accepted my notice. On the last day in my property they told me I would have to pay for the remaining 3 months on the tenancy. This was after the 1 month notice had expired.

I appreciate I have signed a contract (foolishly signing it in good faith) my question is.. Is there any way I can get out of paying for 3 months? The managing agency are happy that if a tenant is found before the 3 months that I only pay for when the property is empty.

Definitely learnt my lesson in regard to reading paperwork! Thanks guys

G_M

meggles88 wrote: »

Hi everyone,

Firstly thank you for your time reading my post sorry it's so long! I recently moved out of my old flat which I had lived in for over 2 years. Approximately 3 months ago the landlord raised the rent by £165! Therefore I started looking for somewhere else to live! I initially disputed the rent increase but had to accept in the end as I did not want to look for somewhere else right before Xmas!
If you agreed & paid, then the new rent applies.

What I didn't realise (human error on my part) is that when I resigned my tenancy agreement accepting the new price,
'Resigned'? What exactly did you do? Why? You could/should have simply continued the existing tenancy at the new rent.

Did you get your original deposit back?

the cheeky sods had put a 6 month fixed term let on me! Also in the new agreement it stated about paying a deposit and setting up a direct debit which seemed only applicable to new tenants. I did not have to complete these clauses.
What do you mean 'complete'? Were they part of an entire document that you signed?

I gave 33 days notice to the managing agency who did not highlight the fixed term to me and they accepted my notice.
How? What did they say? What did they write? Please be precise!

On the last day in my property they told me I would have to pay for the remaining 3 months on the tenancy. This was after the 1 month notice had expired.
See my questions above.

I appreciate I have signed a contract (foolishly signing it in good faith) my question is.. Is there any way I can get out of paying for 3 months?
See my questions above.
The managing agency are happy that if a tenant is found before the 3 months that I only pay for when the property is empty.

Definitely learnt my lesson in regard to reading paperwork! Thanks guys

.......................................................................................

G_M

A further thought:

When you signed the new agreement, did you pay a deposit? Or did the landlord keep the original deposit?

If yes to either of these, you may have some leverage as the he should have sent you, within 30 days, the 'Prescribed Information' informing your where/how the deposit was protected.

The penalty for failure is a claim you can make for up to 3 times the deposit.

meggles88

When I resigned the document it was a complete tenancy agreement. Te property had changed ownership and therefore a new owner on the tenancy. I did not get my original deposit back and they kept it. The clauses in the tenancy I did not complete was reference setting up a direct debit and paying the deposit (they kept the original).

In regards to my notice, initially it took the managing agency 3 weeks to respond. They said they weren't however the managing company for the property any more however they had not been informed who was managing the property and neither had I. They said they would sort it out and that "they have me on record as leaving on 15th" and that "to return the keys to them" therefore in my eyes taking responsibility.

My deposit is held in a deposit protection scheme at this time which I was informed about BEFORE the new owners took over and I signed the new tenancy.

The managing agency are asking to keep the deposit for the first months rent so as not to cause me financial problems. I am not sure what I should do!!

Thanks ever so much for your reply. What annoys me is they had 30 days to point this out and said nothing until after. If i had known I would have stayed put!!

princeofpounds

You mean re-signed, compared to resigned!

People could interpret that very differently!!!

meggles88

Yes re-signed apologies for the terrible english!

G_M

OK. Your original tenancy ended. So your deposit for that tenancy should be returned. Write A LETTER address ed the current owner /landlord, referring to the tenancy dated xx/xx/14 which ended on xx/xx/14, and requesting that the deposit be returned in full withing 5 working days.

* if he refuses, saying the deposit not relates to the new tenancy, write again advising him that he has failed to provide the PI for the deposit at the start of the new tenancy, and your will be seking the penalty unless
a) he ragrees to an Early Surrender and then
b) returns the deposit.

If he claims the original tenancy is ongoing (and the 're-signed' agreement does not apply) and that therefore no new PI was required, you can give notice and leave

meggles88

So I checked tenancy agreement and it seems they included the PI on the end which means I'm pretty much screwed. I'm so annoyed that the letting agency didn't highlight this to me when I gave my notice in. I have no idea how they expect me I pay for two places

G_M

meggles88 wrote: »

I have no idea how they expect me I pay for two places

They don't.

They expect you to pay for the place you have agreed contractually with them to rent.

They are not interested in other contracts you may have commited yourself to, whether new car, new TV, new property or new holiday.

Pixie5740

meggles88 wrote: »

In regards to my notice, initially it took the managing agency 3 weeks to respond. They said they weren't however the managing company for the property any more however they had not been informed who was managing the property and neither had I. They said they would sort it out and that "they have me on record as leaving on 15th" and that "to return the keys to them" therefore in my eyes taking responsibility.

Does your new tenancy agreement give you a new address for the serving of notices in E&W?


Your contract is with the LL, it doesn't matter who is managing the property for him/her. If the management company you've been contacting are no longer employed by the LL where are you paying the rent to?


If you've signed a new tenancy agreement then your best bet is to negotiate an early surrender with your LL.