Issue Ending Tenancy

TenancyAdvicePls

Good Evening,

I am attempting to keep a really long winded story short here, to save you a long read.

However I would like to know views on what is likely to happen with our tenancy.

We rented a property meant to be on a long term basis through a 12 month AST with no break clause from last December.

In June, agency served a S21, to expire when tenancy expires in December. As landlord wants to sell.

The agency confirmed via email after June several times, the lasted being August, that the landlord will allow us to leave early, as long as we give one months full notice.

1st September we had given notice and moved out a couple of days earlier.

Landlord is now saying that he will not accept the notice and that we are tied in to contract until December and we are liable for rent and council tax until then.

The agency forwarded me the email they sent to him, encouraging him to keep to what he agreed too. As they also have emails of him agreeing to let us leave with one months notice.

However Landlord is saying we will be responsible for rent and council tax and utilities now until end of December.

Landlord has been a nightmare for us from the start, and now we have to worry about him chasing us despite there being an agreement.

Have spoken with the council, those of opinion that LL will be liable for council tax after we moved and as we have emails it’s unlikely to stand up in court.

CAB advised it’s too complex and will come back to us and advised to speak to Shelter. Still trying to get to Shelter for advice on the phone.

Would you imagine he could hold us to all this until December?

 Thanks 

canaldumidi

Anything agreed between you and the agent is as legally binding as if it were between you and the landlord. The agent is just that... the landlord's legal agent, acting on his behalf.

So if you and the agent agreed that a month's notice ws acceptable for a Early Surrender, with no mention of any conditions (eg paying for re-marketing, or rent till new tenant found), then provided you gave the agreed month's notice your tenancy, and all liability, ended on the date your notice expired.

Just to be clear, was it a calender month? a month's rental period? Or was that not clarified? What was the exact notice you gave?

And, of course, what evidence do you have of the agreement?

TenancyAdvicePls

Hi Canaldumidi!

So I have an email from last month (less than one month ago) and the exact wording copy and paste is

“ The landlord would be willing to allow you to leave the property should you give one full months rental period notice.”

Then we also have an email copy today from the agency to the landlord also saying to the landlord that had agreed with them to allow us to leave providing we give a months notice at any point after the initial six months. Which passed in June. And that the landlord should keep to the agreement he made with them via email.

TenancyAdvicePls

We had given notice on 1st September, which we are aware would leave us liable for September.

Also today we had another email from the agency confirming that the landlord did indeed previously agree we would leave with one months notice.

However the landlord now after serving a S21 in June and agreeing this, is now stating he is shocked we think we can just walk away from our responsibilities and will remain liable for all until the tenancy ends.

canaldumidi

TenancyAdvicePls said:

.... the exact wording copy and paste is

“ The landlord would be willing to allow you to leave the property should you give one full months rental period notice.”

Then we also have an email copy today from the agency to the landlord also saying to the landlord that had agreed with them to allow us to leave providing we give a months notice at any point after the initial six months. Which passed in June. And that the landlord should keep to the agreement he made with them via email.

The email between agent and LL is not legally relevant (ie the "after the initial six months" wording) though  if this ever went to court it might add weight to your claim that there was an agreement for Early Surrender.

The agreed wording is NOT a calender months notice - it requires your notice to be "one full months rental period". So if for example you pay rent on the 5th of each month your notice must expire on the 4th of a month and be served on or before the 4th of the previous month. So

* what are your monthly rental periods (eg 4th to 5th each month)?

* what exact date did you serve notice? (note 'serve' is not the same as put in the post....)

* what exact date did your notice say it would expire?

TenancyAdvicePls

Our rent is due on the 1st and we provided written email notice on the 1st to the branch manager. Letter was also posted on the 28th August when we moved out to the agency.

This has been logged by the agency and actioned, although the landlord is not accepting it.

we stated we are providing one months notice to end our tenancy as per our agreement. It was a templated letter.

To be honest, I guess it will go to court. Hopefully common sense will prevail.

 Thanks 

GDB2222

It is possible that the LL might take you to court. It’s also possible that he will huff and puff, then do nothing. 

TenancyAdvicePls

Hopefully you’re right that he will huff and puff only, otherwise I’m hoping the LL can’t just change his mind at a click of the fingers.

I’m assuming it’s quite an easy process to take someone to court and relatively cheap?

regardless,  thank you all for taking the time to respond 

canaldumidi

The landlord can do 1 of 3 things:

* huff and puff and then accept the inevitable

* withold your deposit. You then raise a dispute via the deposit scheme (free), present your evidence, and win

* take you to court. He'll have to pay initial court fees. You each present your evidnce and you win and claim your costs (though not legal fees as these are not claimable in the Small Claims Track)

TenancyAdvicePls

Thank you I appreciate the information.

we would have to represent ourselves as I am a full time carer and we are on benefits.

Thank you, yet again.

theoretica

Looks to me like the agent and landlord made an offer to you (to leave) - you accepted. Simple contract formed.  The landlord is now trying rescind the offer.  I can't see him getting far at all.