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Estate agents won't let us move out

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Comments

  • Asl77c
    Asl77c Posts: 87 Forumite
    I would send them back recorded delivery signed for. Once they have signed for it you!!!8217;re all good.
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
    Asl77c wrote: »
    I would send them back recorded delivery signed for. Once they have signed for it you!!!8217;re all good.

    They can refuse to accept the delivery.

    Best thing to do, take the keys physically to the office and be filmed handing them over, describing out loud what you're doing.
  • kev25v6
    kev25v6 Posts: 235 Forumite
    First Anniversary First Post
    Or warn them to watch !!!8220;can!!!8217;t pay !!!8220; and see how long you might be in the house for free while they get no rent and have to have bailiffs to remove you if they won!!!8217;t accept the original fixed term.
  • Kamertis
    Kamertis Posts: 20 Forumite
    My wife said exactly the same, to video record in case they would try to refuse to collect them.

    How likely you think they would sue me? I mean there is no going back from this but at that stage I will probably need someone covering my back as counter claim would be made. Next few months going to be a waiting moment,although I think I'm right, just a little scared if they pull something of their sleeve that would make me liable...
  • dirty_magic
    dirty_magic Posts: 1,145 Forumite
    First Anniversary First Post Combo Breaker I've been Money Tipped!
    You need to speak to Shelter and try to get this sorted before you move out. There could also be implications for council tax if they decide your tenancy agreement is valid until September.

    We moved out before the end of our tenancy and whilst we knew we'd have to pay rent until the end of the fixed term we weren't expecting to have to pay council tax. If you move out before the end of a fixed term you are also liable for council tax on the property until it ends. They will only revoke this if they receive notification from the landlord or agent that the tenancy has been ended.
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    I was just going to make exactly the same point as above - vacate early on a fixed term and you remain liable for the council tax until the end of the fixed term if the property is not re-occupied by another resident (and potentially after the end of a fixed term if the tenancy ran on).

    These sorts of disputes are not good to be stuck in the middle of - been there too many times and it ends up wasting everyone's time and money.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • anselld
    anselld Posts: 8,276 Forumite
    Name Dropper First Post First Anniversary
    CIS wrote: »
    I was just going to make exactly the same point as above - vacate early on a fixed term and you remain liable for the council tax until the end of the fixed term if the property is not re-occupied by another resident (and potentially after the end of a fixed term if the tenancy ran on).

    These sorts of disputes are not good to be stuck in the middle of - been there too many times and it ends up wasting everyone's time and money.

    The OP is not vacating early. They are vacating at the end of the agreed fixed term.
  • Kamertis
    Kamertis Posts: 20 Forumite
    Thanks for replying, but some of you above didn't read the whole story before giving advice. Thanks anselld for correction. By the way I have spoken to shelter earlier last week as suggested and I would never ask advice from them as they asked me to seek legal representative because they couldn't help(probably unlucky with connected adviser).
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    edited 28 May 2018 at 12:06AM
    The OP is not vacating early. They are vacating at the end of the agreed fixed term.
    The point you're missing though is that the agents will most likely provide the tenancy agreement to the council which gives the September date - and that is where the problem starts.

    The council are very likely to accept this as thr date and not change it without an argument/valuation tribunal. I've seen similar issues more times than I care to remember. It's very difficult to prove that a written and signed tenancy is wrong.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • dirty_magic
    dirty_magic Posts: 1,145 Forumite
    First Anniversary First Post Combo Breaker I've been Money Tipped!
    The OP is not vacating early. They are vacating at the end of the agreed fixed term

    They're not though. They don't have a contract signed that shows the end of June as the rental period end. All they have is an email that the agent is refusing to accept. The council are unlikely to accept this as the agent does have a signed contract that shows the end of September as the end of the fixed term.

    The agent will just give the council this agreement as proof of the fixed term and it will be up to the OP to argue otherwise. Someone has to pay: it's not going to be the landlord if he has a signed contract saying it ends in September.
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