Estate agents won't let us move out

Kamertis

So this is email with tenancy agreement ending June 2018 attached to it. We went there and quickly signed it, I understand it is our fault to not read it carefully and then sign it, but it's quite tricky as they did something like that without telling us.
"Hi Evaldas

Please find attached a copy of the new tenancy agreement. If you can all come into the office and sign it. I will need the new tenant to bring in a copy of this passport.

Kind regards
Julia Osborne
Lettings Manager, Bairstow Eves Countrywide"

We're all on joint tenancy agreement with my wife and her cousin and moving out together . So this is what I wrote them both after finding out:
"Good morning guys,

Yesterday me and my wife came to an issue - Tenancy Agreement.
Tenancy Agreement that we have received from Julia is ending June 2018,
but the one Kris gave us to sign ends up September 2018. As agreed we though it is going to be 6 months as in Julia's sent Agreement, I trust you a lot Kris, but you haven't told us it is going to be 9 months and for that reason we signed the contract without reading it.

September is too long to wait for us, June as in primary contract is the best month for us to move. Can you sort that out please.

Regards,

Evaldas"
And this is what I have received :

"Hi Evaldas

Sorted – June 2018 is the correct date

Thanks

Kristofer Tajdari
Lettings Negotiator, Barkingside Bairstow Eves Lettings"
Thanks again everyone! At least we haven't let ourselfs down and still thinking that we're right and they're wrong.

theartfullodger

Fine, so you can move out before end of current fixed term with no notice at all..

steampowered

I would forward that email to the landlord and the lettings agent. And ask them to confirm that the tenancy will be ending in June as agreed.

It is entirely possible that they have forgotten about the email. A lettings agent must deal with hundreds of tenants during the course of a year.

Kamertis

They have probably forgot about that email, but is it us to blame now? I have sent few emails over to them and LL and this is how agent responded :

"Hi Evaldas

I have had a look at your tenancy and can see that you are contracted to the property until the 16th September 2018. We have not had any written notice from you requesting to leave early so at present you are legally required to pay the rent until September.

Kind regards
Julia Osborne"

I think they know that they messed up, but why do I have to be responsible for their mistakes? !!!129300;
Probably it is still the best idea to get a consultation from professional although after paying all the deposits it's going to be a tough month financially.

Kamertis

Manager of the agency ignors all the screenshots I send to them, she probably knows what they've done...

Caz3121

Kamertis wrote: »

Please find attached a copy of the new tenancy agreement. If you can all come into the office and sign it.

I would state that you had studied the agreement that was attached and expected by "sign it" "it" would have been the same document as the attachment and not a different document.
With your other later confirmation that June is correct I would think very good case for complaint
If they were sensible they would get it marketed PDQ to find another tenant and minimise any losses they end up incurring if you were to make claim from them

FBaby

Julia and Kris need to talk to each other

I think you are pretty safe with these emails but maybe you could benefit from the advice of a legal adviser via CAB. The agency clearly made a mistake, so maybe the best arrangement for everyone is for the agency to agree to a reduction of advertising costs and paying for any void until a new tenant before September.

mrginge

Do you still have the draft contract stating June 2018?

G_M

Kamertis wrote: »

So this is email with tenancy agreement ending June 2018 attached to it. We went there and quickly signed it, I understand it is our fault to not read it carefully and then sign it, but it's quite tricky as they did something like that without telling us.
"Hi Evaldas

Please find attached a copy of the new tenancy agreement. If you can all come into the office and sign it. I will need the new tenant to bring in a copy of this passport.

Kind regards
Julia Osborne
Lettings Manager, Bairstow Eves Countrywide"

I see no mention of the June end date in that email.

I assume the attached tenancy agreement was dated June? Yes? Do you still have it?

If so, it is likely (though not guaranteed) that a court would find in your favour.

You have three options:

1) send to both the agent, and the landlord, a copy of that email together with the june-dated tenancy agreement, and hope that they accet this as evidence you intended tthe TA to end in June.

2) leave in June and seewhat tthe LL/agent does eg
a) dedution from deposit
b) court for rent from June-Sept
c) nothing

if a) or b), argue your case and see what the court or arbitrators) decide.


3) stay till September (or leave but pay rent till September).

Kamertis

Yeah, I still have the tenancy agreement ending June 2018 in that email. Both LL and estate agents have received screenshot of that email,but for both of them it would be painful as our rent was 1750£/month, I'm sure they know what they did wrong and are trying to make me say what they want via emails, that's why I thought to ask you guys before replying anything. In my opinion they have miscommunicated, and it would be easier to cover their !!!'s in our expense.

It's also super stressful for my wife as our IVF treatment is in July and I'm scared it's going to have impact on that. One more time want to thank everyone for giving us some hope with your replies.