Broadband contract after tenancy terminated by Landlord

WobbleWee

Just looking for a bit of advice, had a quick search and couldn't find anything relating to this.

I signed a 2 year tenancy agreement at my current flat but I was served notice to leave the property 6 months into this agreement due to the landlord selling the property to someone who wants to live here. This I am all ok with, but I have made financial commitments in regards to a contract with Virgin Media.

During my tenancy I signed a 12M contract with Virgin Media for TV, phone, broadband. I have found a new property to rent but its not serviceable by Virgin and now being lumbered with the £240 cancellation fee.

Just wondering what my rights are, considering that I could previously commit to the 12M contract and due to a change in circumstances out of my control I am no longer able to keep the services provided.

I will turn the waterworks on and haggle to get this removed/lowered but just out of interest can any of the liability be pushed to the landlord for serving notice? Anyone else been in similar circumstances?

Also any super hagglers want to share techniques on getting fix cancellation fees waved/written off?

Cheers
Will

Miss_Samantha

If you have a 2-year tenancy you have the right to enforce it.

If you agree to surrender it earlier then you can make a condition that the landlord pays you whatever you want. It is up to your landlord to agree or not. In the latter case you simply stay put.

In the circumstances, if I were your landlord and you only asked me for £240 I'd pay without questions and thank you very much.

But... Perhaps you are saying that you have a break clause in your tenancy agreement.

jbainbridge

So if you have a 2yr agreement how can you be given notice?

WobbleWee

Was served FORM 6A, no fault possession. Reading up on it, it seems legit and I have no rights, so I am guessing I don't have that option.

There is no provision for the Tenant/s or the Landlord/s to terminate the agreement before the expiration of the 6 months fixed period, unless it is in accordance with current legislation. In the event that both parties agree to vary this clause rent will be due up until the end of the fixed period or when the Landlord or a new Tenant takes possession of the said Premises. In addition, if the request to vary this clause was at the request of the Tenant or the Landlord has to take legal action to repossess the Premises due to the Tenants breach of contract, the Tenant will reimburse the Landlord the letting commission (10% of the rent + vat) from the date of early termination until the date that the 6 months fixed period was originally to expire. The Landlord and the Tenant, as the case may be, shall each have the right to bring the tenancy to an end but no earlier than six months from the commencement date of this Agreement by the one giving to the other as the case may be, not less than two months written notice and upon the expiration of such notice this agreement and everything herein contained shall cease and be void, subject nevertheless to the right of the parties hereto in respect of any antecedent breach of any of the covenants herein contained.

Slithery

So there is a 6 month break clause. It was your decision sign up for a 12 month contract when you knew you might be out before then, so you took the risk that this may happen.

The Virgin contract is nothing to do with the landlord, you'll have to pay up.

Cakeguts

I don't think the landlord can do this. I think if they sell the house you will become the tenant of the new owner. You have a contract to stay in that property for two years. There is nothing to stop the landlord from selling the property but the new owner will become your landlord for the duration of the rest of your tenancy. Unless you have a break clause.

G_M

The Landlord and the Tenant, as the case may be, shall each have the right to bring the tenancy to an end but no earlier than six months from the commencement date of this Agreement by the one giving to the other as the case may be, not less than two months written notice and upon the expiration of such notice this agreement and everything herein contained shall cease and be void, subject nevertheless to the right of the parties hereto in respect of any antecedent breach of any of the covenants herein contained.

You seem to have a 2 year fixed term with a 6 month Break Clause (above). The LL can serve notice on you and then apply to the courts for possession.

Your contract with Virgin is not relevant (to the LL or the courts).

Negotiate politely.

Pixie5740

WobbleWee wrote: »

Was served FORM 6A, no fault possession. Reading up on it, it seems legit and I have no rights, so I am guessing I don't have that option.

There is no provision for the Tenant/s or the Landlord/s to terminate the agreement before the expiration of the 6 months fixed period, unless it is in accordance with current legislation. In the event that both parties agree to vary this clause rent will be due up until the end of the fixed period or when the Landlord or a new Tenant takes possession of the said Premises. In addition, if the request to vary this clause was at the request of the Tenant or the Landlord has to take legal action to repossess the Premises due to the Tenants breach of contract, the Tenant will reimburse the Landlord the letting commission (10% of the rent + vat) from the date of early termination until the date that the 6 months fixed period was originally to expire. The Landlord and the Tenant, as the case may be, shall each have the right to bring the tenancy to an end but no earlier than six months from the commencement date of this Agreement by the one giving to the other as the case may be, not less than two months written notice and upon the expiration of such notice this agreement and everything herein contained shall cease and be void, subject nevertheless to the right of the parties hereto in respect of any antecedent breach of any of the covenants herein contained.

Form 6A? Are those not for Assured Tenancies? If your tenancy only started 6 months ago I very much doubt you have an Assured Tenancy which would make the Form 6A completely irrelevant to you and your tenancy.

teffers

Just to add something from another perspective that may (or may not) be relevant.

When I sold my house I was halfway through a BT contract. I was moving to an area where BT wasn't able to provide their services so they cancelled my contract FOC.

I have no idea if Virgin have this in the terms and conditions but it's possible it was overlooked when you contacted Virgin. Well worth checking yourself.

Oakdene

Could you not see if you can find a house where Virgin can move with you to your new property?

geoffken

It always helps to read the original post carefully!!!!
He states Virgin can not service his new property.
unless I have misread it!!!