Assured Shorthold Tenancy Ending. Landlord re-let property.

doodling

Hi,

Comments:

Craigyboy_2 said:

This is the latest response we’ve had today and we’ve questioned this via email:

“You are on a fixed term AST – no formal notice is required for end of tenancy, the tenancy ends on the date specified on the agreement.

This is correct for the tenant.  The tenant does not need to give notice to leave on the last day of the tenancy.  The landlord however does need to give notice.

The properties have to be released back to the market, we can’t hold any apartment unless a relet has been agreed and a new AST signed.

 I did specify in my original correspondence that the property would be released back to the market – it then becomes a first come, first served policy as I am sure you can understand.

You guys have occupied the property since July 2021 and could have extended at any time. Unfortunately, now it has been reserved it is no longer an option. 

Piffle.  You are the tenant and will remain the tenant until you decide to leave or a court tells you to.  What the landlord / agent wants is largely irrelevant.

 We would prefer to retain the tenants we currently have but since paperwork has been signed there is nothing I can do. The property has not been let in house, it has been let by a third party agency who we work with to fill the building.”

This is their problem.  They have agreed to let someone else have your house whilst you are still living there and they have no way of getting out out.  That someone else is going to be rather upset with them.  Its not your problem.

When she says she specified “the property would be released back to the market” her email literally said “let us know if you’re staying otherwise we’ll need to release the property back to the market” which I did last week, but she’s saying it’s too late. Although it was over 2.5 months in advance of our tenancy end date. 

The last thing we wave to do is have the hassle of finding a new rental property while we’re still house hunting. We’ve already sunk a fair bit of money on fees, as the latest house was the second chain to collapse :-(

They can either keep you as a tenant or they can evict you.  If they choose to evict you then they will need to an issue notice via a S21 (two months) and then get a court date (could be 6 months plus).  If you deposit isn't protected then when it gets to court you point that out (not before unless you want to speed up your own eviction) and they then start again having given you your deposit back.  You could still be there in two years time.

If your deposit isn't protected then you can also sue them for three times the deposit once you've gone, that might recover some of the expenses you've had on the houses that have fallen through.

getmore4less

You are getting the relevant information to stay put.

They are lying to you in the hope you will just leave.

Also check the S21 check list to see if they have complied with all the requirement to serve a valid S21

DO NOT mention any of them to the letting agent,  if you get S21 wait till you need that ammo to fire back and reset the clock

Just let them know you know that the AST automatically goes to periodic and you will let them know when you are leaving.

Surprised they managed to get someone to sign a new agreement without a viewing.

That's a hint, they have not and more lies or may be doing viewing behind you backs.

Did you change the locks?

Pixie5740

In addition to the excellent information in this thread already I would potentially go further and make a formal complaint to the letting agency for trying to scare you out your home by giving you false information.  If unsatisfied with the letting agency's response I would then escalate the matter with whichever redress scheme the agency is registered with.

https://england.shelter.org.uk/housing_advice/private_renting/letting_agent_redress_schemes

If the property is in Wales rather than England I would be making sure the letting agent is registered with Rent Smart Wales and making sure the agency is complying with the Code of Practice.

https://sheltercymru.org.uk/get-advice/finding-a-place-to-live/renting-privately/letting-agencies/

Craigyboy_2

Wow, thank you all so much for the advice.

Even though this has spoiled the experience of living here somewhat, we would prefer not to have to find an alternative which would mean we’re signing up for another six months, as we’d hope we’d find a house before then. We’d be very happy to stay and give two months’ notice in this place.

I did wonder about the viewing, but while we were on holiday they contacted us to ask if they could conduct a “valuation visit”. They did email my partner about this on the day we went away, but he’d missed it, hence then calling us. We agreed to this, but I’m starting to think that was someone viewing to rent.

We’ve been perfect tenants in every way, so we’re just really shocked at the treatment.

I’ll follow the advice and go back, saying that we wish to stay and see where that takes us. I definitely think a complaint will be going their way, either way though.

I’ll update as to what happens!

Thank you again!

MaryNB

Craigyboy_2 said:

Wow, thank you all so much for the advice.

Even though this has spoiled the experience of living here somewhat, we would prefer not to have to find an alternative which would mean we’re signing up for another six months, as we’d hope we’d find a house before then. We’d be very happy to stay and give two months’ notice in this place.

I did wonder about the viewing, but while we were on holiday they contacted us to ask if they could conduct a “valuation visit”. They did email my partner about this on the day we went away, but he’d missed it, hence then calling us. We agreed to this, but I’m starting to think that was someone viewing to rent.

We’ve been perfect tenants in every way, so we’re just really shocked at the treatment.

I’ll follow the advice and go back, saying that we wish to stay  will be staying and see where that takes us. I definitely think a complaint will be going their way, either way though.

I’ll update as to what happens!

Thank you again!

Don't give any indication you think permission required. It isn't. You don't even need to tell them (although better to do so in this scenario in case someone turns up in mid Jan with bags in hand). Make it clear you are staying and don't entertain any other emails about them re-letting the property. Is it not your concern at all. Any agreements they have made to re-let has nothing to do with you. If they find another tenant while you are still living there, they need to find that tenant alternative accommodation.

Dear <name of scumbag letting agent>

We will not be moving out at the end of the fixed term; we will continue to reside here under a periodic tenancy. Any attempt to remove us from the property without an eviction order will constitute an illegal eviction.

Regards,
Craigyboy_2

980233

Craigyboy_2 said:

This is the latest response we’ve had today and we’ve questioned this via email:

“You are on a fixed term AST – no formal notice is required for end of tenancy, the tenancy ends on the date specified on the agreement.

The properties have to be released back to the market, we can’t hold any apartment unless a relet has been agreed and a new AST signed.

 I did specify in my original correspondence that the property would be released back to the market – it then becomes a first come, first served policy as I am sure you can understand.

You guys have occupied the property since July 2021 and could have extended at any time. Unfortunately, now it has been reserved it is no longer an option. 

 We would prefer to retain the tenants we currently have but since paperwork has been signed there is nothing I can do. The property has not been let in house, it has been let by a third party agency who we work with to fill the building.”

When she says she specified “the property would be released back to the market” her email literally said “let us know if you’re staying otherwise we’ll need to release the property back to the market” which I did last week, but she’s saying it’s too late. Although it was over 2.5 months in advance of our tenancy end date. 

The last thing we wave to do is have the hassle of finding a new rental property while we’re still house hunting. We’ve already sunk a fair bit of money on fees, as the latest house was the second chain to collapse :-(

Absolute clown show of an agency. Staf lets on Channel 4 springs to mind.

Grumpy_chap

Craigyboy_2 said

I did wonder about the viewing, but while we were on holiday they contacted us to ask if they could conduct a “valuation visit”. They did email my partner about this on the day we went away, but he’d missed it, hence then calling us. We agreed to this, but I’m starting to think that was someone viewing to rent.

You are entitled to peaceful enjoyment and are allowed to change the locks so long as you change them back again.

ShinyYellowBoots

This is really shoddy on the EA's part!

Just to add to all of the excellent advice you've already had, you mention that you've checked with the DPS and your deposit isn't there. If you haven't already, it's worth checking with MyDeposits and the Tenancy Deposit Scheme as well so that you can be absolutely sure about whether it was protected or not. 

Good luck! 

lookstraightahead

This is why I love this forum.

Good luck op, keep us posted.

3card

I cant see any incorrect information you have been given here and there is so much good informations.

If i were in your shoes i would do the following

1) check and double check about the deposit. Maybe ask the agent for the cert and see what they say (without the deposit protected can they start any eviction?)
2) change the locks making sure you keep the originals to change them back when you decide to leave
3) carry on paying the rent as normal

If things do get messy i would say you are in a strong position for them to offer you an incentive to leave the property.

Please keep us informed of any movement on this