PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Ending Periodic Tenancy Advice

Options
Astar1809
Astar1809 Posts: 114 Forumite
in House buying, renting & selling
Good Afternoon All,

Me and my family are currently living in a rented house through an agency, initially we had a 12 month contract that we completed with no hiccups, it was only at renewal we were asked to pay a £60 admin fee that I questioned (same rent, same people, same everything bar the date). The agency did not ever ask about the contract again and continued to take the rent for the next 6 months.

My understanding is we are in Periodic Tenancy at this point.

We are planing on giving the agency two months notice on vacating (more than the minimum requirement) and as they have 2 months rent in advance (on top of the 6 weeks deposit) we are planning on not paying any further rent as we are two months in advance (the money in advance will take us to the date we intend to leave).

I get the feeling the agency are going to be annoyed as it will cost them to re-market the home and its far less likely to be rentable while we are living there (it is a small house and filled with kids clutter hence the want for a move to a large home).

My question is, how annoyed can they really be and can they do anything that could affect our future move? can they try and claim loss of earning via the deposit due to them considering us leaving 3/4 months earlier that they expected, or can they refuse a reference or give a bad one?

Just trying to plan for the backlash before we hand in our notice. Thank you for any help or insight you can offer.
«1

Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Options
    They can refuse a reference, but that's no matter what.


    They cannot claim loss of earning from your deposit.


    You only need to give one months notice (unless your contract specifically says otherwise) I'd just do that.


    You are not obliged to agree to all viewings, it's reasonable to give set days and times for viewings to be conducted. If you think they'll turn up unannounced feel free to change the locks.
  • SpiderLegs
    SpiderLegs Posts: 1,914 Forumite
    First Anniversary First Post Name Dropper
    Options
    It is not clear whether you renewed for six or twelve months. When did you renew and what was the term?

    If you are still in a twelve month contract you have no right to leave early unless there is a break clause.
  • Astar1809
    Astar1809 Posts: 114 Forumite
    Options
    Thank you @Comms69

    The reason for two months notice is because we have 2 months rent with them in advance, we felt it was better to use the money they already had of ours rather than pay rent and claim it back. I was also hoping two months notice would soften the blow and show we are trying to be as amicable as possible.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Options
    SpiderLegs wrote: »
    It is not clear whether you renewed for six or twelve months. When did you renew and what was the term?

    If you are still in a twelve month contract you have no right to leave early unless there is a break clause.



    Pretty sure the OP didn't renew.
  • Astar1809
    Astar1809 Posts: 114 Forumite
    Options
    @ Spider Legs.

    We signed a contract for 12 months that expired in November 2018, we did not sign a new contract since then.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Options
    Astar1809 wrote: »
    Thank you @Comms69

    The reason for two months notice is because we have 2 months rent with them in advance, we felt it was better to use the money they already had of ours rather than pay rent and claim it back. I was also hoping two months notice would soften the blow and show we are trying to be as amicable as possible.



    There's no need for notice to use that money. You simply don't pay the rent.


    You are treating this as a very personal interaction. It's a business one. It's highly unlikely that X Agents Ltd will be at all bothered whether you are amicable or not.


    Your contract is with the landlord, not the agent anyway. But that's by the by.


    Anyway in my experience the more you give, the more the agent will take.
  • Astar1809
    Astar1809 Posts: 114 Forumite
    Options
    @Comms69,

    Would I not be in the wrong if I didn't pay rent and didn't tell them why?

    Thank you again by the way you have been very helpful.
  • theartfullodger
    theartfullodger Posts: 14,601 Forumite
    Name Dropper First Anniversary First Post
    Options
    Astar1809 wrote: »
    @Comms69,

    Would I not be in the wrong if I didn't pay rent ....
    - yes, breach of contract, liable to be served s8 for arrears (yes s8g10 may be validly served if only 1p is underpaid only 1 day..)..... plus council being informed and thus finding you "intentionally homeless" and getting less help and/or no or little rehousing...

    And then being sued, small claims, for unpaid rent, maybe get a CCJ so any loan or mortgage or credit agreement (eg mobile 'phone) impossible or very expensive.


    I'm in favour of landlords complying with their responsibilities: And tenants also...


    Your choice!
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Options
    Astar1809 wrote: »
    @Comms69,

    Would I not be in the wrong if I didn't pay rent and didn't tell them why?

    Thank you again by the way you have been very helpful.



    I don't see why. That's what you've paid for
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Options
    theartfullodger wrote: »
    - yes, breach of contract, liable to be served s8 for arrears (yes s8g10 may be validly served if only 1p is underpaid only 1 day..)..... plus council being informed and thus finding you "intentionally homeless" and getting less help and/or no or little rehousing...

    And then being sued, small claims, for unpaid rent, maybe get a CCJ so any loan or mortgage or credit agreement (eg mobile 'phone) impossible or very expensive.


    I'm in favour of landlords complying with their responsibilities: And tenants also...


    Your choice!



    Artful, the OP has paid two additional months upfront. In effect there is a pot of money = 2x Months rent with the letting agent right now.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards