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Given notice to terminate rent incorrectly

Hi all,

I have a monthly contract (was a 6 month that reverted to monthly) on a rental house & just tried to resign.

I thought that a months notice meant that, but turns out my contract runs from 5th of the month. So I've just been told that I can't give notice until Feb 5th, meaning I need to stay in the place until 5th March. Disappointing but guess I should have read the contract properly.

I did ask whether the landlord could be flexible & accept 4 weeks from now, meaning 13th Feb last date, because in my area there's usually massive competition for properties. Landlord is (reasonably) standing firm. So rental agency have asked me to withdraw notice & 'give it properly' on Feb 5th.

However...rental agency are now putting real pressure on me to allow them in to take photos & inspect this weekend, as the landlord wants to start marketing. I'm thinking about saying no, as on one hand they've refused my notice & asked for it to not happen until 5th Feb, but on other they're aggressively chasing me for access now. Tone of agency was pretty threatening, sort of that I had no right to refuse.

Seems a bit unreasonable. Can I refuse & then allow full access from 5th Feb?

Thanks for any comment.
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Comments

  • Marvel1
    Marvel1 Posts: 7,512 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Ignore them - don't answer the phone you when you see their number.
  • Tyler119
    Tyler119 Posts: 341 Forumite
    Hi all,

    I have a monthly contract (was a 6 month that reverted to monthly) on a rental house & just tried to resign.

    I thought that a months notice meant that, but turns out my contract runs from 5th of the month. So I've just been told that I can't give notice until Feb 5th, meaning I need to stay in the place until 5th March. Disappointing but guess I should have read the contract properly.

    I did ask whether the landlord could be flexible & accept 4 weeks from now, meaning 13th Feb last date, because in my area there's usually massive competition for properties. Landlord is (reasonably) standing firm. So rental agency have asked me to withdraw notice & 'give it properly' on Feb 5th.

    However...rental agency are now putting real pressure on me to allow them in to take photos & inspect this weekend, as the landlord wants to start marketing. I'm thinking about saying no, as on one hand they've refused my notice & asked for it to not happen until 5th Feb, but on other they're aggressively chasing me for access now. Tone of agency was pretty threatening, sort of that I had no right to refuse.

    Seems a bit unreasonable. Can I refuse & then allow full access from 5th Feb?

    Thanks for any comment.

    Can't refuse access, the only rule is that you must give reasonable access. It is reasonable that they need to take photos etc for marketing purposes. The tone the estate agent used is irrelevant to contractual obligations.

    Have you contacted the landlord directly, in the event that the estate agent is the one pushing the standing firm stance.
  • There is "massive competition" for properties and you are suggesting doing something that may rightly lead to a bad reference.

    It's up to you...
  • davomcdave
    davomcdave Posts: 607 Forumite
    edited 13 January 2017 at 3:10PM
    Hi all,

    I have a monthly contract (was a 6 month that reverted to monthly) on a rental house & just tried to resign.

    I thought that a months notice meant that, but turns out my contract runs from 5th of the month. So I've just been told that I can't give notice until Feb 5th, meaning I need to stay in the place until 5th March. Disappointing but guess I should have read the contract properly.

    I did ask whether the landlord could be flexible & accept 4 weeks from now, meaning 13th Feb last date, because in my area there's usually massive competition for properties. Landlord is (reasonably) standing firm. So rental agency have asked me to withdraw notice & 'give it properly' on Feb 5th.

    However...rental agency are now putting real pressure on me to allow them in to take photos & inspect this weekend, as the landlord wants to start marketing. I'm thinking about saying no, as on one hand they've refused my notice & asked for it to not happen until 5th Feb, but on other they're aggressively chasing me for access now. Tone of agency was pretty threatening, sort of that I had no right to refuse.

    Seems a bit unreasonable. Can I refuse & then allow full access from 5th Feb?

    Thanks for any comment.

    Your contract probably says two things: that you have a right to quiet enjoyment (you do regardless of what the contract says) and that the EA can market the flat before you leave.

    In your position I'd say to the EA that she is perfectly welcome to photograph the flat if you can give notice now, a quid pro quo. If she doesn't want to do you any favours why should you help her? Even if the contract says you have to let them in, realistically are they going to sue you? My guess is no. As it's a civil matter then whether you've breached the contract is simply a matter of opinion unless a court says otherwise.

    Taking the mick is the phrase that springs to mind. Bloody lettings agents.
  • Marvel1
    Marvel1 Posts: 7,512 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    https://www.citizensadvice.org.uk/wales/housing/renting-a-home/common-problems-with-renting/#h-the-landlord-s-rights-of-entry

    As above say if they wish to market now then accept my 1 month from now or if not then wait until I give official notice as you may stay.
  • I've bought a house so not bothered about references. I'm happy to give 'reasonable access' but being pushed for access now seems unreasonable to the point of being cheeky.

    Response to my initial notice was a blanket refusal to accept, followed by barrage of calls/emails pushing for this weekend.
  • maisie_cat
    maisie_cat Posts: 2,142 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Academoney Grad
    Tell them you won't be moving after all so they'll be no need to market the property and then change your mind on 4th February
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Hi all,

    I have a monthly contract (was a 6 month that reverted to monthly) on a rental house & just tried to resign.

    I thought that a months notice meant that, but turns out my contract runs from 5th of the month. So I've just been told that I can't give notice until Feb 5th, meaning I need to stay in the place until 5th March. Disappointing but guess I should have read the contract properly.

    I did ask whether the landlord could be flexible & accept 4 weeks from now, meaning 13th Feb last date, because in my area there's usually massive competition for properties. Landlord is (reasonably) standing firm. So rental agency have asked me to withdraw notice & 'give it properly' on Feb 5th.

    However...rental agency are now putting real pressure on me to allow them in to take photos & inspect this weekend, as the landlord wants to start marketing. I'm thinking about saying no, as on one hand they've refused my notice & asked for it to not happen until 5th Feb, but on other they're aggressively chasing me for access now. Tone of agency was pretty threatening, sort of that I had no right to refuse.

    Seems a bit unreasonable. Can I refuse & then allow full access from 5th Feb?

    Thanks for any comment.



    Your notice has to be a minimum of one month, you can send it now in time for the 5th.


    Change the locks and ignore them if you want.
  • We've now had an email from the EA saying that the landlord is happy to give them a set of keys to the property. They haven't explicitly mentioned it, but there seems to be a tone of 'we're doing viewings whether you like it or not' to the email. Both wife & I are out all day at work from about 7am-6pm.

    I've been flexible in evenings etc (I'm soft so have given a couple of viewings) but landlord is pushing EA for viewings in the daytime that we're not there for.

    If I discover that a 'stealth' viewing has taken place, what are my rights here?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Your landlord is legally required to give you 24 hours of written notice before entering the property. If you aren't being given the correct notice you can tell the landlord or his agent to bolt. If you suspect that the landlord or his agent is going to enter the property without giving you the correct notice you could change the barrel in the lock preventing their access.
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