Assured Shorthold Tenancy Ending. Landlord re-let property.

canaldumidi

* Clearly an AST.

* Op can claim the penalty for non-registration of deposit and no Prescribed Information. Up to (and likely to be) 3 times the deposit. But I'd wait. It can be claimed any time within 7 years....

* Ignore the email about the alternate property/tenancy. Ignore ALL emails.

* change the locks. See my links earlier. It's cheap and easy to DIY.

RedFraggle

Although this is horrendous, can we not forget that somebody is expecting to move in come January. 
If the OP stays put and doesn't communicate someone else could end up without a home.
On that basis whilst there's no legal obligation to move out, or provide any written intention to stay, I think it's necessary to ensure the intention to stay is fully communicated to the LL. 

Flugelhorn

maybe they could  offer the other property in the block that  they tried to get the OP to move into,  to the poor souls who are expecting to move in in January

MaryNB

RedFraggle said:

Although this is horrendous, can we not forget that somebody is expecting to move in come January. 
If the OP stays put and doesn't communicate someone else could end up without a home.
On that basis whilst there's no legal obligation to move out, or provide any written intention to stay, I think it's necessary to ensure the intention to stay is fully communicated to the LL. 

But the OP has told the letting agent they're not moving out. That's more than they needed to do. There is no onus on the OP to tell the LA they'll be moving out to begin with. It is entirely the responsibility of the LA or LL to ensure the property will be vacant before signing up a new tenant.  

SameOldRoundabout

MaryNB said:

RedFraggle said:

Although this is horrendous, can we not forget that somebody is expecting to move in come January. 
If the OP stays put and doesn't communicate someone else could end up without a home.
On that basis whilst there's no legal obligation to move out, or provide any written intention to stay, I think it's necessary to ensure the intention to stay is fully communicated to the LL. 

But the OP has told the letting agent they're not moving out. That's more than they needed to do. There is no onus on the OP to tell the LA they'll be moving out to begin with. It is entirely the responsibility of the LA or LL to ensure the property will be vacant before signing up a new tenant.  

Exactly this. And they certainly shouldn’t be entertaining new applications over 2 months in advance when no notice has been given by either party. 

OP best of luck to you. You’ve had a lot of good advice, I would be changing the locks TODAY, sending a final email attaching your original contract and simply saying that as per your contract you will continue to reside in the property on a periodic tenancy and will give notice in accordance with that when you intend to leave. They’re either very very stupid or very very sly, I’d certainly be putting in a formal complaint via their governing body too. 

Robbo66

Craigyboy_2 said:

Thank you for the response. We haven’t handed in any notice - after we knew the house had fallen through I spoke to the agent who sent the email last week and she said “we’ve probably already re-let your apartment, but I’ll let you know”.

I asked why on earth they would ask us if we wanted to stay if they were re-letting it someone else anyway and why would she agree to us coming back with an answer in a few weeks?

I had assumed they’d want two months notice (which wouldn’t be until mid November) but she said they have a waiting list and wouldn’t wait until 2 months prior to the end of a tenancy to re-let it.

I asked about formal notice and she said none is required as we’re on an assured shorthold tenancy which automatically ends in January.

We both feel pretty flabbergasted by the way we’re being treated.

There are some pretty clueless agents out there but this one is beyond clueless, if you haven't served or been served notice then you do not need to move out and I would just go back to the agent and tell them that as you tenancy hasn't ended you will be staying put.

Jenni_D

RAS said:

Stop communicating by email; insist on written communication.

Just to note - the courts accept filing of documents by email, so there's no reason why the OP must* revert to pen and paper. (And to be a pedant, email is written communication)  

* except perhaps for serving notice whilst in the periodic tenancy, if it is required that notice must be served that way.

RAS

Jenni_D said:

RAS said:

Stop communicating by email; insist on written communication.

Just to note - the courts accept filing of documents by email, so there's no reason why the OP must* revert to pen and paper. (And to be a pedant, email is written communication)  

* except perhaps for serving notice whilst in the periodic tenancy, if it is required that notice must be served that way.

Yes, but that puts the OP in a situation where they are receiving multiple dumb emails every day from the EA to which the OP seems to feel obliged to respond. It also means that any twit in the office can make things up.

Snail mail reduces the frequency of communication and hopefully filtering the stream of consciousness through the fingers might encourage the EA to think and verify?

peterhjohnson

My suggestion:
1. Consult a housing or other advice agency such as CAB to check the advice you have been given here (I expect it's correct)
2. Send a very polite short email to the agent saying you have consulted (name of agency) and you won't be moving out until you are ready.
3. Say that the agent is free to contact (name of agency) if they are in any doubt.
4. Expect the Agent to go very quiet :-)

nyermen

RedFraggle said:

Although this is horrendous, can we not forget that somebody is expecting to move in come January. 
If the OP stays put and doesn't communicate someone else could end up without a home.

Indeed, but it is the OP's home from what we've been told, no one elses.  It'll be entirely the LA's responsibility to rehome the other party, and possibly/probably pay them compensation as well, for the property that they tried to let when they couldn't.
Plus if the deposit isnt protected, OP will get it back plus the same again at least in compensation (from what I've seen, the rules say "will be given between 1 and 3 times the deposit".  The court decide how much, but it will be awarded - most normally 1x I think, unless there's been malicious behaviour.)

I have a lot of sympathy for good landlords / LA's who've had the increased pains of covid, tenant abuse, & regulation, but none for ones who don't respect that it may be their property/asset, but it is the tenants home.

Have to say, my sympathies to the OP, its the advice in threads like this that remind me why MSE always warms my feelings - this is just the type of help many of us have been given.