I haven't signed new tenancy can I get out ..

gordonbennet

Anxiousannie wrote: »

I am looking for the original agreement now... I have the new one in my hand but it says nothing about how much notice I've been through it twice!!!

It would be good to check the original one. Need to know what it says about how frequently you were expected to pay the rent? eg yearly or monthly? And what happens at the end of the tenancy.

Comms69

gordonbennet wrote: »

It would be good to check the original one. Need to know what it says about how frequently you were expected to pay the rent? eg yearly or monthly? And what happens at the end of the tenancy.

Sorry going to sound pedantic, but it's the rate at which rent was charged not necessarily paid.

Anxiousannie

5. At the end of the Tenancy
5.1 The Member must tell the tenant within 10 working days of the end of the tenancy if they propose to make any
deductions from the deposit.
5.2 If there is no dispute the Member will keep or repay the deposit, according to the agreed deductions and the
conditions of the tenancy agreement. Payment of the deposit or any balance of it will be made within 10
working days of the Landlord and the Tenant agreeing the allocation of the deposit.
5.3 The tenant should inform the Member in writing if the Tenant intends to dispute any of the deductions regarded
by the Landlord or the Agent as due from the deposit within 20 working days after the termination or earlier
ending of the Tenancy and the Tenant vacating the property. The Independent Case Examiner (‘ICE’) may
regard failure to comply with the time limit as a breach of the rules of TDS and if the ICE is later asked to
resolve any dispute may refuse to adjudicate in the matter.
5.4 If, after 10 working days following notification of a dispute to the Member and reasonable attempts having
been made in that time to resolve any differences of opinion, there remains an unresolved dispute between the
Landlord and the Tenant over the allocation of the Deposit the dispute will (subject to 5.5 below) be submitted
to the ICE for adjudication. All parties agree to co-operate with the adjudication.
5.5 If the amount in dispute is over £5,000 the Landlord and the Tenant agree to submit to formal arbitration
through the engagement of an arbitrator appointed by the ICE although, with the written agreement of both
parties, the ICE may at his discretion accept the dispute for adjudication. The appointment of an arbitrator will
incur an administration fee, to be fixed by the Board of The Dispute Service Ltd. from time to time, shared
equally between the Landlord and the Tenant; the liability for any subsequent costs will be dependent upon the
award made by the arbitrator.
5.6 The statutory rights of the Landlord and the Tenant to take legal action through the County Court remain
unaffected by clauses 5.1 to 5.5 above.
6. In the event of the Tenant wishing to be released from the Tenancy before the expiry of the term hereby
granted then the Landlord may at his or her absolute discretion agree to release the Tenant from the tenancy
upon payment by the Tenant to the Landlord the whole of the rent which would be due from the Tenant to the
Landlord PROVIDED THAT in the event of the Landlord re-letting the property before the end of the term
hereby granted then the Landlord shall limit the amount of rent he or she shall be entitled to recover from the
Tenant to such sum which would represent the Landlord loss AND PROVIDED FURTHER that any release by
the Landlord of the Tenant from their obligations in respect of payments of rent hereunder shall be without
prejudice to any other rights or remedies that the Landlord may have against the Tenant under this agreement
for any other breach by the Tenant of his obligations hereunder the Landlord shall be entitled to offset and
retain any rent due against any deposit paid to the Landlord on the signing of this Agreement a fee the
equivalent of 1 months rent + V.A.T will be paid by the outgoing Tenant for re-marketing and securing a new
Tenant for the property.
6.1. If the tenant vacates the premises during the term apart from according to any agreed break clause which is
included within this agreement the Tenant will remain liable to pay Rent and any other monies payable under
this agreement until the term expires or a new tenant takes occupation whichever is earlier.
6.2. Data Protection Act 1988. It is agreed that personal information of both the Landlord and the Tenant will be
retained by the Agent; that present and future addresses and other contact details of the parties may be
provided to each other, to utility suppliers, local authorities, authorised contractors, any credit agencies,
reference agencies, legal advisers, debt collectors, the police or any other interested third party.
6.3 The provisions for the service of notices are that if the Landlord or Agent deliver by hand and Notices or
documents which are necessary under the Agreement, or any Act of Parliament to the Premises by 4.30pm or
the last known address of the Tenant if different; and reasonable evidence is kept of the delivery; the
documents or Notices will be deemed delivered on the next working day; or if any documents or Notices are
sent by registered or recorded delivery post the documents or Notices will be deemed delivered upon proof of
delivery being obtained; or if the documents or Notices are sent by ordinary first class post addressed to the
tenant at the premises or the last know address of the Tenant if different, and reasonable evidence is kept of
the delivery the documents or Notices will be deemed delivered two working days later; or if any documents or
Notices are sent by email to the email address provided by the tenant on their application form and reasonable
evidence is kept of the delivery the documents or Notices will be deemed delivered on the next working day.
6.4 Acceptance of rent by the Landlord or Agent shall be at all times without prejudice to and shall not be a waiver
of the rights and remedies of the Landlord in respect of any breach of the Tenant's agreements of stipulations
contained in this agreement; and any rent paid by any third party will be accepted from that person as the
Agent of the Tenant and will not confer on the third party any rights as the Tenant.
7. This Agreement is intended to create an Assured Shorthold Tenancy as defined in Section 20 of the Housing
Act 1988 and the provisions for the recovery of possession by the Landlord in Section 21 thereof apply
accordingly.
8. The Landlord, Tenant and the Landlords Agents agree to abide by current Anti-Discrimination Laws and will
treat everyone equally and with the same attention, courtesy and respect regardless of their disability, gender,
marital status, race, age, racial group, colour, ethnic or national origin, nationality, religion or belief or sexual
orientation.


I can't see anything can anyone else????

GoingOn30

Let the agent know you intent to stay in the property and say you'll call them later in the week to discuss contract options? Hopefully you'll already be on a statutory periodic tenancy by now.

Have you got a deposit and legal/survey fees ready to pursue the house you want to buy? Have you put down an offer?

stator

Just ignore the agents.

Pixie5740

Is this a tenancy in England or Wales? If yes, then the sticky at the top of the board Tenancies in England/Wales has a section in it explaining how and when an AST can be ended.

gordonbennet

Anxiousannie wrote: »

5. At the end of the Tenancy

I can't see anything can anyone else????

Nope. But that's not unusual.

We just need the details about how frequently the rent should be paid - on the original agreement not the new one. This may make a difference to how you proceed from here.

Anxiousannie

Yes we've had an offer accepted on a house we've had the survey done and waiting on whether we get the mortgage offer or not any day now!!

G_M

1) You have been asked several times:

* what does your original tenancy agreement say about rent? The amount, the period it covers, the frequency of payment?

2) the section you have quoted refers primarily to deposit return etc. Is here ANY mention anywhere about how/whether the tenancy continues after the 12 month fixed term ends? As already explained, this determines if you have a CPT or a SPT (read the sticky!) and therefore how much notice you need to give.

3) it appears though, subject to confirmation, that you have a monthly SPT and must give a full months notice ending on the last day of a tenancy period (NOT rent period as rent may be paid on a different date). What exact date did you orginal tenancy start (check the date on the agreement).

4) Do NOT sign a new tenancy agreement unless you plan to stay for the full period (12 months or hatever it says)

5)

We notice you have still not signed the contract renewal on the above property, this contract will be invalid if not signed
within the next 14 days

Yes, the contract they have sent you will be invalid if you do not sign it. But you do not want it to be valid do you? You want to be able tomove.
Your tenancy however will still be valid. It will be a periodic one instead of a fixed term one (as already explained).

and the landlord will have to the right to seek possession of the property.
Under a periodic tenany, either side can end the tenancy (which you will want to do if you are moving).
The LL must serve you a S21 Notice giving you 2 months notice. This does not end the tenancy though. He still has to apply to a court.

Please contact URGENTLY the office to arrange a suitable time to sign the contracts, no
Do NOT do this.

further reminders will be sent and further action taken immediately if no contact received.

I wonder what 'further action? There is only one possible action the LL can take and that is a S21Notice.

This is scare -mongering. They simply want to charge a fee for getting a new contract signed, either from you (have they asked for money?) and/or from the landlord.

Either
* ignore,or
* write back briefly, politely, explaining you are now on a periodic tenancy and are happy to remain as such.


see also:


* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Anxiousannie

Start of Tenancy (08/11/2017) 07/12/2017 Payment of £1550.00 per
calendar month
08/12/2017 End of Tenancy (07/11/2018) Payment of £1550.00 per
calendar month