6 months tenancy agreement- rights as a tenant

Happydays3

saajan_12 wrote: »

You have a binding tenancy agreement to rent the flat for atleast 6 months. You owe rent for the full fixed term. If there are repair issues, these need to be reported to the LL and you need to wait for a repair. You cannot just unilatterally terminate the agreement.

Annie35 wrote: »

I've not heard of winding up a tenancy, that info was interesting. I see it says you don't need to prove the LL was dishonest or negligent.

Regardless you're moving now anyway so I'd approach the agency & reasonably ask for a mutual surrender first with option 2 being going down this route of winding up, redress complaint (which could cost the agent £150 just for complaining depending which scheme they're with ), you obviously won't be paying rent after moving out & I guess they'd have to wait till the end of tenancy to small claim you for the total?? (Maybe not??) By then you'll have your n1 form progressing nicely (maybe even complete?)

Yes I am going to be going down that route...winding down a tenancy within 90 days obviously some people know nothing about and neither did I till today lol...so hoping we can meet a mutual agreement :beer:

G_M

Happydays3 wrote: »

Right to unwind

The right to 'unwind' the contract effectively means ..........

Link please!


From Shelter:

Ending the tenancy before the fixed term expires

You can end a tenancy agreement before the fixed term expires if:

• there's a break clause that lets you give notice early
• your landlord agrees you can leave ('surrendering the tenancy')

https://england.shelter.org.uk/housing_advice/private_renting/how_tenants_can_end_a_fixed_term_tenancy

Happydays3

Right to unwind

The right to 'unwind' the contract effectively means that a tenant (where the tenancy began on or after 1 October 2014) can terminate the contract and be released from any obligations under it where the tenancy was signed up to because of a misleading action or aggressive practice.[15]!In order to claim this right, the tenant must inform the landlord (or landlord's agent) that s/he wants to reject the contract within 90 days of the tenancy start date. There is no obligation for this to be put in writing, but it is strongly advisable to do so. There is also no requirement for the tenant to show that s/he has suffered any loss, nor that the landlord (or agent) acted dishonestly or negligently.

If the tenant informs the landlord (or landlord's agent) that s/he wants to unwind the tenancy within one month of the tenancy starting, the tenant is entitled to a full refund of the money s/he has paid out.

If the tenant informs the landlord (or landlord's agent) in less than 90 days but more than one month after the tenancy start date, then a refund may still be given, but will be calculated by the court.

If 90-day time limit has expired, the tenant may still be able to claim a discount or damages.

From shelters website !!!129299;

G_M

Happydays3 wrote: »

Right to unwind

The right to 'unwind' the contract effectively means that a tenant (where the tenancy began on or after 1 October 2014) can terminate the contract and be released from any obligations under it where the tenancy was signed up to because of a misleading action or aggressive practice.[15]!In order to claim this right, the tenant must inform the landlord (or landlord's agent) that s/he wants to reject the contract within 90 days of the tenancy start date. There is no obligation for this to be put in writing, but it is strongly advisable to do so. There is also no requirement for the tenant to show that s/he has suffered any loss, nor that the landlord (or agent) acted dishonestly or negligently.

If the tenant informs the landlord (or landlord's agent) that s/he wants to unwind the tenancy within one month of the tenancy starting, the tenant is entitled to a full refund of the money s/he has paid out.

If the tenant informs the landlord (or landlord's agent) in less than 90 days but more than one month after the tenancy start date, then a refund may still be given, but will be calculated by the court.

If 90-day time limit has expired, the tenant may still be able to claim a discount or damages.

From shelters website !!!129299;

I repeat - Link please!

00ec25

G_M wrote: »

Link please!

http://england.shelter.org.uk/legal/housing_options/private_rented_accommodation/unfair_terms_and_consumer_law/unfair_trading_practices

take note of "This right only applies within the first 90 days of the contract and will only apply if you can show that you only entered into the contract because of misleading or aggressive practices." (The Act in Eng/Wales is the same as in NI: https://www.housingadviceni.org/advice-private-tenants/unwinding-tenancy-agreement )

"Prohibited practice is defined as an act, omission, course of conduct, or representation that is either misleading under regulation 5 (false information is given or, even where the information is factually correct, the overall presentation would mislead the average consumer) or aggressive under regulation 7. The prohibited practice must be a significant factor in the consumers decision to enter into the contract or make the payment. What is significant is a question of fact."
https://www.penningtons.co.uk/news-publications/latest-news/consumer-protection-get-your-house-in-order/


Presumably OP was able to inspect the property before moving in so what was misleading???? Nothing OP has written so far smacks of "misleading action" being given by the LL, so I fail to see grounds for claiming a right to unwind on one of the 2 grounds available under that consumer law.

Happydays3

http://england.shelter.org.uk/legal/housing_options/private_rented_accommodation/unfair_terms_and_consumer_law/unfair_trading_practices

G_M

G_M wrote: »

I repeat - Link please!

Ah! Maybe you are referring to the The Residential Tenancy Amendment Act 2013 ?which came into force on 1/10/14.

In Australia........

or maybe not....

Happydays3

Let's hope there's a mutual agreement....I bet not one person here wants to fork out thousands then to realise the kitchen is a complete sess pit! And expect that to be ok let's just get someone in to fix it?!?!no way!! For £1000 I want that kitchen in excellent working order! And not covering up holes to stop the smell coming through...not fit for purpose.

Happydays3

England and Wales.... maybe you need glasses:D

00ec25

G_M wrote: »

Ah! Maybe you are referring to the The Residential Tenancy Amendment Act 2013 ?which came into force on 1/10/14.

In Australia........

or maybe not....

or maybe not....

time for you to update a guide or two G-M, you appear to be 3 - 4 years behind the times