Landlord says I owe rent after I gave notice and moved out!

gabriel771

I'll summaries this as best I can sorry for lengthy Essay!

I am in a 12 month fixed term contract there is a break clause in the contract which says:

The Tenant(s) agrees to provide written Notice of their Intention to leave the property two months prior to the end of the agreed tern. If the tenant does not wish to vacate at the end of the fixed period, and provided that the Landlord has not issued a Section 21 Notice terminating the Tenancy Agreement, the Tenancy will continue as a Statutory Periodic Tenancy.
6) The Landlord is required to give two month's written Notice to terminate the Statutory Periodic Tenancy. The Tenant has a legal obligation to provide the Landlord with One calendar month’s notice to terminate the tenancy at the end of a rent period, however agrees to provide two month’s notice where possible.
7) Alternatively, either party may terminate this Agreement by giving two month's written Notice to the other party and on expiry of such
Notice the Tenancy will come to an end Without Prejudice to any right of action which either or both parties may have against each other for any breach of this Agreement provided that such Notice is given on the fifth month rent date, I.e. not to expire before the end of the first six month period certain. Should such Notice not be received within these hems, the fixed period will remain for the whole Tern as stated at 7 above and cannot be terminated before that date without the consent of both.

Now I called up before I gave notice and asked what would happen if I gave notice and they said I would pay a fee £150 and then my tenancy would end perfect. After I gave notice (8 months into my tenancy) and already paid a holding deposit for my new place the emailed me and said even though I have given notice I am still liable for rent up until the end of my contract and the liability will end if they get a new tenant. they asked me to confirm this and I obviously did not.

I paid rent up to the date I moved out and asked for my deposit back. They said I still owe rent that they haven't found someone new.

I gave notice by email and post, I have got an email saying my tenancy has ended and the inventory checkout has been done. They deducted nothing in terms of cleaning, but said they will deduct outstanding rent and landlord claims. And now refuse to release my deposit until they get a new tenant. I have just opened a dispute with the Tenancy Deposit Scheme and waiting for a reply.

From what the break clause says and what they told me do I have case?

I wish I recorded the call of them saying that all i have to is pay an early release fee and then give one months notice. I forgot the persons name but i know the exact date/time of the call, I screenshot it and have told the company to look at the cal log and explain why i was told otherwise.

The company is called Choices

Any help is appreciated

Thanks!:A

The_Magnificent_Spoon

The break clause doesn't appear to help you. It basically says you'll be there for 12 months, unless the landlord serves you notice. Otherwise you are liable for a minimum of 12 months.

The only exception to this, is if you provided notice on the 5th month, you would be liable until the 7th month. Which you hadn't done, you gave notice on the 8th month, so you're still liable for all 12 months.

Unless you had the call recorded or had written confirmation, you're in a pretty unfortunate position and might need to see if you can come to a compromise of some sort...

ripplyuk

I read that to mean you have to give notice and leave at the 6 month mark. Not after. You gave notice later than that so you might be liable for the whole fixed term.

But I’m no expert so I could be wrong. Did you get anything in writing from the agent about the £150 fee and tenancy ending with no issues?

gabriel771

Hi thanks for the answer

But i was told different beforehand and since then I have been send lots of emails and the customer representatives has told me different things about the break clause, I have emails showing them saying different terms about my break clause in the same email chain! I opened an investigation with the property Ombudsman given them all the info I have and told them to also ask the company to present the call log and it is currently underway. The fact they have given me mis-information doesn't that account for anything?

Also worst case scenario and I do owe rent and refuse to pay will they take me to court to get the money and does that appear on my credit history

ripplyuk

Have you spoken to the actual landlord about this? Or written to them?

As far as I know, a CCJ won’t show on your credit file if you pay it straight away. It’s only if you don’t pay it. But that’s all worst case scenario anyway.

gabriel771

Hi Ripply,

On my tenancy agreement it says choices estate agent are my landlord but they are the letting agency? I don't actually know who the landlord is or if it's them I never asked. Should I enquire and ask who the actual landlord is and ask to talk with them direct

The_Magnificent_Spoon

I believe for all intents and purposes, your letting agency have the same responsibility as your landlord.

Do you have anything in writing from the letting agency confirming that you could leave the property without owing any further rent? I really think you're going to struggle without something in writing confirming such an agreement.

G_M

gabriel771 wrote: »

7) Alternatively, either party may terminate this Agreement by giving two month's written Notice to the other party and on expiry of such Notice the Tenancy will come to an end 7


Without Prejudice to any right of action which either or both parties may have against each other for any breach of this Agreement provided that such Notice is given on the fifth month rent date, I.e. not to expire before the end of the first six month period certain. Should such Notice not be received within these hems, the fixed period will remain for the whole Tern as stated at 7 above and cannot be terminated before that date without the consent of both.

Did you serve notice on the 5th month rent date? It's a simple yes/no question.

AdrianC

gabriel771 wrote: »

But i was told different beforehand and since then I have been send lots of emails and the customer representatives has told me different things about the break clause

Then they owe you an apology for misleading you.

The correct answer is in your tenancy. Explanations are highlighted in this quote from your OP:

gabriel771 wrote: »

I am in a 12 month fixed term contract there is a break clause in the contract which says:

The Tenant(s) agrees to provide written Notice of their Intention to leave the property two months prior to the end of the agreed tern. If the tenant does not wish to vacate at the end of the fixed period, and provided that the Landlord has not issued a Section 21 Notice terminating the Tenancy Agreement, the Tenancy will continue as a Statutory Periodic Tenancy.
If you stay on at the end of month 12, it's an SPT. Not relevant to you.

6) The Landlord is required to give two month's written Notice to terminate the Statutory Periodic Tenancy. The Tenant has a legal obligation to provide the Landlord with One calendar month!!!8217;s notice to terminate the tenancy at the end of a rent period, however agrees to provide two month!!!8217;s notice where possible.
That's after the fixed period, so not relevant to you.

7) Alternatively, either party may terminate this Agreement by giving two month's written Notice to the other party and on expiry of such Notice the Tenancy will come to an end Without Prejudice to any right of action which either or both parties may have against each other for any breach of this Agreement provided that such Notice is given on the fifth month rent date, I.e. not to expire before the end of the first six month period certain.
See that "provided"? That's the ONLY date that you can give notice before the end of 12mo. You missed it...
Should such Notice not be received within these hems, the fixed period will remain for the whole Tern as stated at 7 above and cannot be terminated before that date without the consent of both.
...and, if you miss it, you're there until the end of month 12.

Also worst case scenario and I do owe rent and refuse to pay will they take me to court to get the money and does that appear on my credit history

They have every right to pursue your for the money you are contractually obliged to pay, yes. If you do not defend the claim, or do but lose, then you will have a CCJ against you, and enforcement steps can be taken to recover the money.

madvicker

gabriel771 wrote: »

I'll summaries this as best I can sorry for lengthy Essay!

7) Alternatively, either party may terminate this Agreement by giving two month's written Notice to the other party and on expiry of such
Notice the Tenancy will come to an end Without Prejudice to any right of action which either or both parties may have against each other for any breach of this Agreement provided that such Notice is given on the fifth month rent date, I.e. not to expire before the end of the first six month period certain. Should such Notice not be received within these hems, the fixed period will remain for the whole Tern as stated at 7 above and cannot be terminated before that date without the consent of both.

Thanks!:A

That's the part you missed. The landlord needs to consent to ending the tenancy as well. That doesn't seem to have happened by your version of events. Therefore, you are still liable for the remaining term of the rent. Sorry.....

gabriel771

There taking all my deposit £1125 and looking for someone to move in to end my liability and I am not going to pay them anymore money they think I owe they will have to take me to court which I know they won't waste money on. It was unfair on their half telling me I could leave and basically giving me consent then they went back on their word. Thanks for the replies guys