Agents won’t give reference until notice in fully paid fixed term contract

Miker2018

Saturday 12 May 2018 8:42:24 am
Hi all, any ideas or help is much appreciated.

Our Story:
We have lived in the same property for 3.5 years and have always been good tenants, paying 6 months rent on time and upfront as I was self employed at the time we started renting the property.
Our current fixed term contract expires on 9th Oct 2018.
Last year my wife fell very ill and now has very limited mobility so we have made the hard decision of relocating back to the North West (200 miles) to be near my wife’s family for more of a support network.
We found a great property (bungalow) and have decided to go for it.

The plan:
The idea was for us to get the keys to the new property at end of May but not move until the school summer, so the kids finish their school year in their current school. I was planning on then getting the current property straight and giving the letting agents two months notice but with free rein to come and go as they wish showing people round etc.
At no point did we want to cut the tenancy short or reclaim monies etc.

The problem:
We informed the current letting agents we were submitting an application and have put their details down for a landlord reference. They got back to us yesterday stating “we can’t give a reference without notice and notice must be given no earlier than 2 months before the fixed contract end date” - aaarrrggghhhhh
This will result in refusal of current application and means are dream home will go to someone else.
I am shocked, disgusted and so angry at this situation.
They have a disibility clause in the contract which we can use to cut the tenancy short, which will mean I will also reclaim rent etc. This now means our landlord is going to loose out all because the letting agents wouldn’t give a reference!

Am I right in thinking the letting agents are being overly stubborn and harsh?
Has anybody had a similar experience or has anybody got any suggestions?

Many thanks for taking the time to read.
Any suggestions are welcome.

Thanks,
Mike

theartfullodger

A landlord or agent doesn't have to give any reference at all, in any circumstances.



Any more than a tenant doesn't have to give any reference for a landlord or agent, at all, in any circumstances (now there's a thought...).


Perhaps a previous landlord might help? Explain to anyone you want to rent from agent's attitude & have evidence of rent paid in-full on-time for 3+ years.


Sorry, hope it works out.

pmlindyloo

This is a very long time to have two properties. Have you factored in the cost of paying council tax and standing charges for utilities at both properties? Is your potential new landlord aware that you will not be living in the property as this may well invalidate any house insurance?

As regards a reference would your landlord be willing just to write that you have always paid your rent on time and leave it at that. Obviously they are concerned that you might leave the place a tip and 'run up' repairs etc.

theartfullodger

NB You don't need to give any notice to leave by end for fixed term, although it's polite to give notice. As long as you are out, place empty, keys returned, no paperwork needed (but take loads of photos..) Cheeky agents!


If agent won't give reference have you asked landlord?

CIS

You're stuck on the council tax side if the landlord won't allow you out of the tenancy before the end of the fixed term. It can be a financial pain where this happens and you then end up paying for two properties.

Miker2018

Thanks for the comments.

Completely understand that agents don!!!8217;t have to give a reference, but they are stating they won!!!8217;t until we give notice. I think what annoys me more is how adement they were they needed a reference for the property we currently live in.

The moving costs and double costs are not a problem at all.

The move will be gradual hence the overlap. We will be buying new furniture for the new property and tipping the existing furniture, so neither house will be totally empty until we give the keys back on our current property.

The landlord lives abroad and has not seen the property for at least 4 years so I don!!!8217;t think he could give an accurate reference.

I have reached out to our previous letting agents to see if they still have our details and if they could provide a reference, which I will willingly pay for.

The new letting agents are using !!!8220;UK tenant data!!!8221; which requires accommodation reference otherwise the application is rejected, hence our worries.

theartfullodger

I had this (as landlord for applying tenants from agent Belvoir (pronounced "beaver") in Scotland.



Very sneaky & nasty, as after a tenant gives valid notice then tenancy has ended: And if tenant then stays (unable to get anywhere else..) in England or Wales tenant may be liable for double rent.



I ended up 'phoning agents who told me what I needed over 'phone.