Tenancy Termination Notice - Please help/advise

Bill11

Thanks, that's what we intend to do, write a letter to the agent explaining the situation, and should they be uncooperative/unwilling to compromise, then start putting our foot down pressing on this recording.

Bill11

So we wrote to the agent, and as expected, they disregarded the whole situation. Nevertheless, what actually happened was that my partner did not see and sign the contract prior to moving in, in fact, she moved in following the agent convincing her that she is flexible to move out by simply giving 4 weeks notice at any time, hence she moved in. Moreover, she only received a contract 2 weeks later after she asked for it as she needed to provide proof residence elsewhere. 

We believe we have a very strong case here, as we have all evidence on record. Can you please suggest where would it be best and most efficient to submit a formal complaint?

diggingdude

Bill11 said:

So we wrote to the agent, and as expected, they disregarded the whole situation. Nevertheless, what actually happened was that my partner did not see and sign the contract prior to moving in, in fact, she moved in following the agent convincing her that she is flexible to move out by simply giving 4 weeks notice at any time, hence she moved in. Moreover, she only received a contract 2 weeks later after she asked for it as she needed to provide proof residence elsewhere. 

We believe we have a very strong case here, as we have all evidence on record. Can you please suggest where would it be best and most efficient to submit a formal complaint?

Then she was a fool to move in under those circumstances. Just because you want your own way doesn't mean you will get it.  Good luck with the complaint though

notrouble

Be gratefull there is a Break Clause. The terms of a Break Clause, where one exists, are exactly whatever they are stated to be. Break Clauses are 'optional extras' to a contract and can basically be whatever is agreed.

With a clearly written BC, it is going to be hard to argue it should be amended to reflect a loosely worded verbal conversation. That's exactly why sensible people draw up and agree written contracts rather than verbal. It is common in tenancies (eg periodic tenancies) for notice to be required to align with the monthly tenancy periods in exactly the way you describe, so it is not inherantly 'unfair' from a legal perspective.

Whether the conversation could be deemed to form part of the contract, and thus over-ride the written wording, is just possible but highly unlikely. Even if it were, the 'one months notice' could well be viewed by a court as meaning in alignment with payment periods, especially when viewed in conjunction with the written contract......

Personaly I believe your est approach is negotiation rther than confrontation. Perhaps raise the matter direct with the lankord rather than the agent. Agents by definition have to do the best for their clients the LL) so tend not to be flexible, whereas many LL's would be sympathetic to your position and more likely to agree a shorter notice period. Though perhaps not if you are threatening formal proceedings.........

Bill11

Hey, thank you for your responses. From legal perspective there is no difference between written or oral contract at the time when it is formed, especially if one of the parties relies on the information that was material at the time it was communicated inducing the party to enter into a contract. 

The fact the notice could be given at any point of time and only 1 month was the main reason why my partner entered into the contract. I think this is material enough not to construe "'one months notice' could well be viewed by a court as meaning in alignment with payment periods, especially when viewed in conjunction with the written contract" in favor of a specific notice date, as the contract was entered exactly because one of the terms was that there will be no requirement to serve notice on a specific date.

Also, the agency in question is known and notorious in scamming people with things like that. There were cases reported where people would be refused a viewing unless they pay a deposit, and many other similar stories of clear misconduct. The agency is a member of a Property Redress Scheme, so we are going to raise a complaint with them separately. 

In the meantime, we are going to talk to the landlord in a non-confrontational manner and hopefully he will be willing to compromise.

notrouble

Bill11 said:

Hey, thank you for your responses. From legal perspective there is no difference between written or oral contract at the time when it is formed, especially if one of the parties relies on the information that was material at the time it was communicated inducing the party to enter into a contract. 

The verbal contract, assuming that is what it was (doubtful), pre-dated the written contract. The terms of the written contract were therefore substituted for the terms of any preceding verbal contract. Failure to read the written contract and ensure it matched the requirements, and/or reflected what had been previoisly discussed or agreed would not negate the signed written contract or the terms therein.

elsien

"We are going to talk to the landlord in a non confrontational manner."
Given that you are not the tenant and have no contract with the landlord, the half of the we that he/she has no obligation to talk to may need to butt out and let the actual tenant do the talking.

sal_III

Bill11 said:

So we wrote to the agent, and as expected, they disregarded the whole situation. Nevertheless, what actually happened was that my partner did not see and sign the contract prior to moving in, in fact, she moved in following the agent convincing her that she is flexible to move out by simply giving 4 weeks notice at any time, hence she moved in. Moreover, she only received a contract 2 weeks later after she asked for it as she needed to provide proof residence elsewhere. 

We believe we have a very strong case here, as we have all evidence on record. Can you please suggest where would it be best and most efficient to submit a formal complaint?

Did she receive a copy of the contract via e-mail etc? If so, that would stand over any verbal conversation recorded or not. Don't have to be signed, she moving in is sufficient proof that she accepted the terms.

I would stop right there and instead of burning bridges with LA/LL I would ask them to remarket the property ASAP and agree to release you from rent liability from the point a new tenant moves in, minus any re-marketing fees. This will give you a better chance of mitigating your expenses.

The break clause is bog standard, not onerous in any way, so you have zero chance pursuing this angle. The fact that your partner didn't read the terms and only relied on a verbal conversation, won't help you. You should have planned the move accordingly. 

wesleyad

One thing that I would say that might muddy the waters. You may be correct, you could have cause for complaint against the agent for misrepresentation. However you signed a contract with the landlord. You never had a verbal contract with the LL (they weren't present). So legally you have the valid contract with the break clause as written.

I would say the only way forward is to give notice as required by the contract. If this ends up being more than the one month, you can then use the recording against the agent for misrepresentation and get some money back from them (not that this would be a certainty as they will simply argue the contract supersedes the conversation). 

Bill11

sal_III said:

Did she receive a copy of the contract via e-mail etc? If so, that would stand over any verbal conversation recorded or not. Don't have to be signed, she moving in is sufficient proof that she accepted the terms.

I would stop right there and instead of burning bridges with LA/LL I would ask them to remarket the property ASAP and agree to release you from rent liability from the point a new tenant moves in, minus any re-marketing fees. This will give you a better chance of mitigating your expenses.

The break clause is bog standard, not onerous in any way, so you have zero chance pursuing this angle. The fact that your partner didn't read the terms and only relied on a verbal conversation, won't help you. You should have planned the move accordingly. 

She didn't receive any contract prior she moved all her belongings to the apartment. 
That's what we managed to agree with the agency - we will find a tenant replacement ourselves, but they still want to charge her early termination fee.