Ending Tenancy without signed agreement

Smithy81

My 12 month Tenancy ended in November. I agreed to another 12 month Tenancy and paid the renewal fee, but my letting agent only sent me the new tenancy agreement last week to sign. I now wish to move out as I am moving in with my partner, so what legal notice do I have to give, as I haven’t signed the new tenancy which is backdated to November 2019? I have obviously been paying my rent as normal.

Thanks in advance.

HampshireH

But you did pay the renewal fee. Could this not be deemed implied contract.

Why would you have paid it if you didnt want the security.

Morally you are liable for the extended tenancy. You wouldn't like if it the landlord decided to serve notice after you thought you had a home for 12 months.

Legally someone else will advise. However if you have agreed a fee and paid it based on terms its likely to be harder to argue

tom9980

You have a fixed term contract you have agreed to it no doubt by email in writing and by paying the renewal fee. Your options are move the girlfriend in with you or negotiate a surrender with the agent/landlord.

Slithery

I would imagine that the fact you paid the renewal fee means that you're tied in for the next 12 months.

Smithy81

Thanks all. I paid the renewal fee as at the time I wanted to stay and expected the letting agent to issue me with a new tenancy agreement before or when the old one ran out, but it has taken them until now. They know I am now looking for a larger property and have shown me round one, which I didn’t like, as they themselves have said that as I haven’t signed the tenancy I can give notice at anytime, just wondered if anyone had any experience of this.

theartfullodger

In England a tenancy does not have to be written (bonkers I know ..): Verbal is fine. You paid a renewal fee: There is thus a new tenancy.



Sorry.



Next time don't waste time & money on renewal, just carry on as a periodic tenancy: No paperwork, no cost, easier to leave at short notice.

steampowered

There isn't a clear answer to whether you are in a new agreement or not, as it depends on the circumstances.

Does your tenancy agreement stipulate how it is to be amended - for example does it say that any amendment must be in writing and signed? If so, you won't be in a new fixed term tenancy.

If your tenancy agreement does not clarify the issue, you are in a grey area. Legally, a contract requires "offer and acceptance", and an "offer" can be withdrawn at any time. A contract would not arise until the landlord had formally "accepted" the offer you made by paying the deposit.

I would tell the agent that you are withdrawing your offer to extend the tenancy and ask for your fee back, and seek to negotiate a friendly surrender with your landlord. It may be that the agent would then advise the landlord to accept the surrender - after all the agent has said they don't believe you are in contract.

NewShadow

Smithy81 wrote: »

... they themselves have said that as I haven’t signed the tenancy I can give notice at anytime

While I agree with the other posts - before you take any further action - it would be interesting to know if you have this in writing...