Agency Demanding 2 Months Notice (periodic tenancy)

KatieDee

Hello everybody!

This is actually part of my every day job but I'm looking to gain a bit of confidence before bringing it up officially.

I have a client who is wanting to end their tenancy with a well known, high street landlord.

This client is on a periodic tenancy after their initial fixed term agreement of six months, signed on the 23rd of May 2015 expired. Although an initial renewal was requested around this time, the tenancy agreement never arrived in the post and the landlord has not made further enquiries since. As no notice was received, it is realistic to expect the tenancy continued as periodic.

My client wrote to the agency using a clear template, advising that they would be giving one months notice ending on the 23rd of December 2016 (the rent due date).

The agency then wrote back saying that a minimum of two months notice was required but if my client was to find a new tenant, he would accept one month.

The tenancy agreement clearly states that if in a periodic tenancy, one months notice must be given. It couldn't be any more specific.

I've read the agreement thoroughly to see if there are any loopholes or things I may have missed, but my understanding of the vast majority of periodic tenancy's is one months notice.

Can anybody shed some light on this? Is the agency just trying it on to avoid having to cover the rent for the landlord (as they sell themselves on this benefit).

My client is understandably quite distressed, as has found alternative accommodation and is now facing two months of double rent. I feel, in my experience, that the agency is misinformed, however I work with this kind of thing every day and I'm worried I can't see the wood for the trees! :rotfl:

Sorry for the novel, I hope I've given enough details!

mrginge

Rather than try second guess them, just ask the agency to provide their evidence that the tenant agreed to two months notice.

KatieDee

mrginge wrote: »

Rather than try second guess them, just ask the agency to provide their evidence that the tenant agreed to two months notice.

This was my first thought, but I wanted to be slightly more confident in what I was stating, rather than appear to chancing it.

I am quite sure I am correct in what I am saying, having read the agreement and spoken to my client. However, as I am not the tenant myself, I will be speaking to them as a representative and therefore, want to make sure I start with the correct points.

You're right though, it's probably better to just put the responsibility in their hands and wait for a response.

Miss_Samantha

KatieDee wrote: »

My client is understandably quite distressed, as has found alternative accommodation and is now facing two months of double rent.

I don't understand why someone would be distressed every time she is told random nonsense.

Marktheshark

The tenancy agreement clearly states that if in a periodic tenancy, one months notice must be given. It couldn't be any more specific.

You have answered the post.

Inform them you do not give a stuff what the agent says, you have a tenancy agreement in force which states one month.

Either desist harassment of the tenant or face immediate and decisive legal action for harassment.

KatieDee

Miss_Samantha wrote: »

I don't understand why someone would be distressed every time she is told random nonsense.

I think it's due to the fact that they assume the agency knows what they are doing and knows the difference between a fixed term tenancy, a periodic tenancy and the terms of their own tenancy agreement. If you're told you're wrong by someone whose job it is to manage these things, it's easy to assume that's true.

My client had read their agreement and saw that they needed to give one months notice, sought this other property, passed the checks (including an electronic landlord reference they were charged £35 for), handed in the notice they thought they had to give and then was told the notice amount was incorrect.

I doubt they see it as random nonsense, probably quite worrying for them considering their monthly rent for both properties would total over £3000 for the next two months. Hopefully I am correct in my assumption and the agency will realise they have made a mistake (assuming of course, that they have!).

Marktheshark wrote: »

The tenancy agreement clearly states that if in a periodic tenancy, one months notice must be given. It couldn't be any more specific.

You have answered the post.

Inform them you do not give a stuff what the agent says, you have a tenancy agreement in force which states one month.

Either desist harassment of the tenant or face immediate and decisive legal action for harassment.

Thank you for your response. This was my exact thought initially, but it seems far too simple to be fact. The fact it's such a well known agency is just a bit scary - a lot of people don''t have access to representation or somebody who understands the system and would probably just pay. Thanks again.

Miss_Samantha

Are you a solicitor?

KatieDee wrote: »

If you're told you're wrong by someone whose job it is to manage these things, it's easy to assume that's true.

Not when your tenancy agreement states otherwise...

agrinnall

KatieDee wrote: »

I think it's due to the fact that they assume the agency knows what they are doing and knows the difference between a fixed term tenancy, a periodic tenancy and the terms of their own tenancy agreement. If you're told you're wrong by someone whose job it is to manage these things, it's easy to assume that's true.

You don't have to be on here for long to see plenty of examples where Letting Agencies don't have much clue what they should be doing and this seems to follow that pattern.

To be honest, if this is somehow part of your day job I think you need to get some more training before you are let loose on an unsuspecting public.

KatieDee

agrinnall wrote: »

You don't have to be on here for long to see plenty of examples where Letting Agencies don't have much clue what they should be doing and this seems to follow that pattern.

To be honest, if this is somehow part of your day job I think you need to get some more training before you are let loose on an unsuspecting public.

It is part of my job, yes. I deal with cases like this regularly but usually through a landlord who is managing his own tenancy, rather than an agency who is the first name that comes to mind when I think of letting agencies. Normally it's something I can work out immediately but this just seemed so blatantly wrong.

You would have thought that an agency would know about different types of tenancies, notice periods, etc. In my initial post I stated what my thoughts were and wasn't asking for an answer - just whether or not there are cases in which an agency can just completely overhaul contract and legislation.

PasturesNew

I'll wind my neck in if wrong ...

But, the tenant is correct, it's one month.
However, if the agreement started on 23rd, then they should be finishing on the 22nd. Going over the extra day could/would make them "liable" for an additional month, if you see what I mean.

It could, therefore, be that both the tenant and the agency are correct:

- tenant correct, but has c0cked up their end date
- agent correct if holding the c0cked up date "to the letter".

KatieDee

PasturesNew wrote: »

I'll wind my neck in if wrong ...

But, the tenant is correct, it's one month.
However, if the agreement started on 23rd, then they should be finishing on the 22nd. Going over the extra day could/would make them "liable" for an additional month, if you see what I mean.

It could, therefore, be that both the tenant and the agency are correct:

- tenant correct, but has c0cked up their end date
- agent correct if holding the c0cked up date "to the letter".

Fantastic point - I will confirm with my client the exact date they have given notice. You could well be correct!

Thank you for your helpful post, much appreciated.

I honestly can't see an agency (like the one in question) getting such a huge thing wrong, especially when there is so much information available to the tenant through amazing websites like Shelter, etc. I thought they were either trying their luck or it had been a bit of a misunderstanding.