Tenancy Termination Dispute

arogantiskas

Hi,
we commenced a 12 month fixed tenancy for a one bedroom flat 8 months ago.
There were some problems in the flat that were promised to be addressed in the first few weeks of the tenancy. We chase it up numerous times with problems not being fixed. And every time we expressed our unhappiness, agency representative would tell us "If you don't like it, you can leave!" After frustrating and stressful 7 month we decided to take up on their offer. We found a new place and just before submitting an offer, I called the former agency to give our notice. We agreed on 6 weeks notice (I got a phone call recorded) and following the conversation, we submitted the offer and payed the fees to secure our new place. One week later we heard from our new agency that the old agency is refusing to give a reference. After speaking with our old agency about the problem, the said that they need a go from a landlady who was abroad at the time (this was not mentioned as we were giving our notice). With already having a move in date to our new place, the old agency came back to us and changed the notice period to 2 months from the present date (after 2 weeks passed from our original agreement), explaining only that the landlady changed her mind. Coming this Friday, we need to pay our last rent (Till 1st of December (our original notice). But they are demanding to pay till 21st of December (the notice they changed it to). If we not gonna comply, they said that they gonna force us to pay extra 4 months (Till the date our fixed contract should have originally ended). (Also both agency and landlord entered the property without our prior knowledge, one time each) We wanna know if it's in our right to stick to our guns only pay till original notice date (1st of December). Do we have a solid case, so it comes to the court of law to resolve the issue?

Guest101

Get things in writing, verbal is a waste of time.

Marktheshark

we commenced a 12 month fixed tenancy

They can demand 12 months rent plus one month notice if you do not serve it in writing before month 11.

If you have nothing in writing, get ready to pay 12 months rent.
Words and they said we said are useless and at best any recorded conversation was "advice".

This is why ALL legal affairs are conducted in writing only.

arogantiskas

Majority of our correspondence was back and forth in the emails, with the exception of of original agreement of the notice, which is recorded on the phone call.

Also the agency representative was seemingly purposely avoiding written confirmations throughout the tenancy. He would always call back after we would send an email or a letter about a problem (besides the times when he wouldn't respond at all).

He only started to respond to emails, when we started chasing for our references and disputing changes of the notice date.

Guest101

Marktheshark wrote: »

They can demand 12 months rent plus one month notice if you do not serve it in writing before month 11.

If you have nothing in writing, get ready to pay 12 months rent.
Words and they said we said are useless and at best any recorded conversation was "advice".

This is why ALL legal affairs are conducted in writing only.

Or 12 months only if you leave before the end of the 12 month fixed term

arogantiskas

We have a recorded conversation of acceptance of our original notice.
Also delivery receipts of both email and letter of our notice we sent immediately after the phone conversation.

As I mentioned, they agreed and took our notice, but "changed their mind" afterwards.
We were not informed about any changes, until our new agency informed us that they are refusing to give a refference.

Marktheshark

Unless the LANDLORD confirmed acceptance of notice or agent acting on behalf in writing.
You have messed up.
Sorry, but that looks like it.

Guest101

arogantiskas wrote: »

We have a recorded conversation of acceptance of our original notice.
Also delivery receipts of both email and letter of our notice we sent immediately after the phone conversation.

As I mentioned, they agreed and took our notice, but "changed their mind" afterwards.
We were not informed about any changes, until our new agency informed us that they are refusing to give a refference.

Does your tenancy agreement provide a telephone number under the section for serving notice ?

arogantiskas

Also agency changed they mind of the notice period several times, jumping from 12th of December, to 24th and 21st.. (all in an email)

Marktheshark

The words you are looking for is "Accepted" or acceptance" .
If they have stated acceptance of the offer to terminate in reply to an e-mail you may have them, if not, they were just negotiations.

Have a good read.

arogantiskas

Guest101 wrote: »

Does your tenancy agreement provide a telephone number under the section for serving notice ?

There is no clause in our agreement about us serving notice.


Also the agency are the ones who are managing the property.