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Contract renewal after withdraw notice

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[Deleted User]
[Deleted User] Posts: 0 Newbie
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in House buying, renting & selling
Hi,
just a quick question.

I have a permanent contract with an agency that renews automatically every month, if I decide to leave the house I should give one month notice.
One week ago I gave the notice only "by email" as I should move for work, but after one week the company change plans and I withdraw the notice.
I didn't sign any end of the contract or other documents, no gave back keys or leave the house. Now the agency asked me to open a new minimum 6 months contract, only because they put again the house on the market after my notice.

Is it possible? Can they do it?

Thank you in advance.

Comments

  • Slithery
    Slithery Posts: 6,046 Forumite
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    If you don't leave after giving notice then legally the landlord is allowed to charge you double rent. In your case I'd sign the new contract to make sure that this doesn't happen.
  • steampowered
    steampowered Posts: 6,176 Forumite
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    When you give the renewal notice, it is legally effective.

    Your renewal notice can only be withdrawn if you and the landlord both agree.

    Therefore the landlord is legally entitled to insist that you sign a 6 month minimum contract as a condition of extending the tenancy.

    However, you are still able to negotiate. For example you could ask for a 3 month minimum term contract. Although 6 months sounds reasonable to be.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    edited 6 October 2017 at 11:46AM
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    So, the email is legally accepted for the notice?
    In the contract is mentioned:

    [This agreement can be terminated by the Tenant(s) one month after receipt of a written notice at the Landlord's address without penalty or forfeit resulting thereof.]

    Another thing, in the contract, clearly writes that the landlord should provide us a cleaner, but they never did and asked us to pay an extra, also the first three month I had two flatmates that used to have party every night until 3-4 AM causing a lot of noise, I did many complains as in the contract is clearly mentinoed that from 11PM until 8AM you should keep silence, but the agency never did nothing, after a further complaints from the neiboughs, finally they decided to don't renew their contract . Can appeal for this?

    Thank you very much
  • steampowered
    steampowered Posts: 6,176 Forumite
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    There is some legal uncertainty as to whether 'in writing' includes email or not.

    These days most people say that email does count as 'writing', unless the contract expressly states otherwise.

    The fact that the landlord didn't provide a cleaner or that you have noise issues are separate. I don't think they effect the issue you are facing, which is that the agency wants you to sign up for 6 months before they will agree to give a renewal.

    The other option would be to just stay in the property, keep paying your rent and only move if you get formally evicted through the proper legal channels. That's quite confrontational though.

    If your contract says that the cleaner was included but you were forced to pay extra, you can make a small court claim against the landlord (use moneyclaimsonline) to claim a refund. I would not advise doing this until you have left the property !!!!
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 6 October 2017 at 2:42PM
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    Does the tenancy agreement specify how notice should be served?
    If yes, what (exactly) does it say?
    If not, do you and the agent habitually communicate via email?

    If valid notice has been served (see questions above!) then you cannot 'withdraw' it. The LL is entitled to act on your notice - eg by advertising the property.

    The Distress For Rent Act 1747 S18 says if you fail to leave you can be charged double rent.



    Out of interest, can you clarify:
    I have a permanent contract with an agency that renews automatically every month, if I decide to leave the house I should give one month notice.
    * is this a SPT? (see link below)
    * or a CPT? (see link below)

    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    This how enancy agreement specify how notice should be served:

    [This agreement can be terminated by the Tenant(s) one month after receipt of a written notice at the Landlord's address without penalty or forfeit resulting thereof.]

    Also is not specified if it is a CPT or SPT. Even if I guess is CPT monthly.
  • G_M
    G_M Posts: 51,977 Forumite
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    cipollini88 wrote: »
    This how enancy agreement specify how notice should be served:

    [This agreement can be terminated by the Tenant(s) one month after receipt of a written notice at the Landlord's address without penalty or forfeit resulting thereof.]

    Also is not specified if it is a CPT or SPT. Even if I guess is CPT monthly.
    Please provide the context for that clause.

    The tenancy agreement will not specify SPT or CPT - it is a matter of law. Read the link provided earlier to find out which you have.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    In the end, we negotiate the new contract starting for a minimum 3 months. After a long discussion.

    Thanks all for the help.
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