A Tenant's guide to renting

Kpnuts158

We have been in our flat for 3 years and our fixed term agreement is ending on the 10th August. I have phoned the letting agent today to inform them we did not wish to continue the tenancy and planned to move out.

The letting agent told me that according to our agreement we had to give a month's notice before the payment date (10th of each month) and therefore as we had missed our chance this month the landlord was in their right to forced a "delayed release" and keep us bound in until the 10th September.

I have checked online and I believe that with a fixed term there is no requirement to give notice as a tennant. I think if we stayed any extra time we would then move onto a monthly periodic agreement and then notice is required.

Am I right in thinking the underlying law of fixed term agreements supercedes and replaces the terms of an individual tennancy? Surely after the 10th August no agreement exisits? Is the letting agent pulling a cheeky one? Please advise if you know as I am prepared to fight this and do not want to pay an exta month's rent!

Absinthe_Fairy

Kpnuts158 wrote: »

We have been in our flat for 3 years and our fixed term agreement is ending on the 10th August. I have phoned the letting agent today to inform them we did not wish to continue the tenancy and planned to move out.

The letting agent told me that according to our agreement we had to give a month's notice before the payment date (10th of each month) and therefore as we had missed our chance this month the landlord was in their right to forced a "delayed release" and keep us bound in until the 10th September.

I have checked online and I believe that with a fixed term there is no requirement to give notice as a tennant. I think if we stayed any extra time we would then move onto a monthly periodic agreement and then notice is required.

Am I right in thinking the underlying law of fixed term agreements supercedes and replaces the terms of an individual tennancy? Surely after the 10th August no agreement exisits? Is the letting agent pulling a cheeky one? Please advise if you know as I am prepared to fight this and do not want to pay an exta month's rent!

It sounds to me like you are completely right - but sure someone will be along in a bit who knows more than me!

tbs624

Hi kpnuts - you probably would have got a better response if you had started your own thread, as we don't all return to this sticky too regularly.

Unless the property is in Scotland & therefore possibly subject to the doctrine of tacit relocation then you are right and the LA is , of course, wrong,

Tell him the Fixed Term is called the Fixed Term because its start and end dates are ... erm...fixed. It's courteous to give a LL some notice if you are planning on going on the FT expiry date but you do not have to: refer them to this page on the Shelter website, if necessary. The LA will be worrying about how he can explain ot the LL the fact that they didn't get you to confirm in advance what your plans were.

If you don't already have your LLs name and address ask the LA * in writing* for it today : whilst you are still a T it is an offence for this info not be provided within 21days of them receiving your request and you've got just enough time. The info will be needed if they start playing funny beggars with your tenancy deposit, because ultimately it is the LL who is responsible for its return..

Letting Agent generally = ignoramus with few qualifications & very little knowledge of the law, but with an enormous capacity for incompetence & talking bovine manure.

angeldust4

inmypocketnottheirs wrote: »

Hmmm confused.......

Your friend has signed to be your guarantor. That means they are financially responsible for your obligations should you fail to meet your rental commitments.

What are you now looking to sign?

Just something between myself and her that could be deemed as legally binding should for any reason things turn sour (that I will not deliberately not pay the rent etc).

The only reason I needed a guarantor is because I have a CCJ, ideally I would have used a family member for this and so should the worst happen they would help me out regardless, but for various reasons I couldnt, and so for my own concience would like a reassurance for my friend.

Kpnuts158

Thanks tbs624 - The end result is the LA has admitted defeat as such and all is planned for 10th August. Make me cross though. Luckily I have a law degree, which though almost 10 years old and never done anything with (and cant remember anything from) means that I dont get scared when LA etc send shirty correspondence with words such as legal liability. Unfortunately alot of people would do and just fold. It makes me think if you could persue any claim under misrepresentation?

PS - have landlord name and address. Quite prepared for silly games with depoist and fighting that.

Thanks for the excellent support!

inmypocketnottheirs

angeldust4 wrote: »

Just something between myself and her that could be deemed as legally binding should for any reason things turn sour (that I will not deliberately not pay the rent etc).

The only reason I needed a guarantor is because I have a CCJ, ideally I would have used a family member for this and so should the worst happen they would help me out regardless, but for various reasons I couldnt, and so for my own concience would like a reassurance for my friend.

Basically anything you can sign between you will be meaningless, otherwise waht would be the point/value of the guarantee that your friend is signing on your behalf.

The best thing you can do is to pay your rent and keep your friendship sweet that way.

juststarting_2

I am not sure if I am in the right place, but we left the house on 10th June we thought we had left it better then when we moved in. After aweek of not hearing anything I rang the the LA to be told there where 2 broken light fittings and the oven and extrator fan weren't claen enough and for these they where chanrging us £200 from our bond. I had a copy of our inventry on which I had written that these 2 light fitting where broken. I copied it and took it into the LA who have said that as they haven't got a copy ( I did post them one when we moved in) the damage was down to us. Are we stuck or is there something I can do?

JoeA81

juststarting wrote: »

I am not sure if I am in the right place, but we left the house on 10th June we thought we had left it better then when we moved in. After aweek of not hearing anything I rang the the LA to be told there where 2 broken light fittings and the oven and extrator fan weren't claen enough and for these they where chanrging us £200 from our bond. I had a copy of our inventry on which I had written that these 2 light fitting where broken. I copied it and took it into the LA who have said that as they haven't got a copy ( I did post them one when we moved in) the damage was down to us. Are we stuck or is there something I can do?

This is what makes me mad about some Letting Agencies!

Ask them to provide quotes from tradesmen showing that 2 broken light fittings, and the cleaning of an oven and extractor fan comes to £200.

This is why its so important to get the LA to agree on the state of the property when you move in, as these blimmin' LAs will get you for every penny if they think they can get away with it.

I feel for you as I have been through a similar situation.

tbs624

juststarting wrote: »

I am not sure if I am in the right place, but we left the house on 10th June we thought we had left it better then when we moved in. After aweek of not hearing anything I rang the the LA to be told there where 2 broken light fittings and the oven and extrator fan weren't claen enough and for these they where chanrging us £200 from our bond. I had a copy of our inventry on which I had written that these 2 light fitting where broken. I copied it and took it into the LA who have said that as they haven't got a copy ( I did post them one when we moved in) the damage was down to us. Are we stuck or is there something I can do?

Hi - sorry to hear you're having probs with your LA: you can of course challenge them.

Start a new thread on the main board ( see "new thread" button to top left of your screen) and you'll get more response posts - people tend not to look up here on a regular basis

dirtydavey

http://www.fairrentals.co.uk/

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