Rental contracts - advice needed

[Zamoracomehome]

Hi all,

Sorry to do this - I need to double source some information. Calling anyone with knowledge of rental contracts, estate agents or landlords.

Situation:
- Under contract until 3rd July - we hate our flat, as we have terrible neighbours and slug trails all over furniture when we wake up (nothing seems to stop this, it's lovely).
- Landlord wanted us to sign another year's contract and wouldn't let us go periodically. No chance - so she gave us 2 months notice - which expires 3rd August (one month after contract runs out).
- We've been told by a different estate agent's legal team that we are entitled to move on 3rd July as we haven't signed anything, nor received WRITTEN notice. We could even not tell them and just hand in keys that day. But we know one day later and it triggers a periodic, month-to-month deal.
- The crux - can we indeed just leave on the 3rd July? Our estate agent said in an email "We have agreed that you will stay until August" - which isn't technically true, the landlord wouldn't give us a choice. We have found somewhere great - but we would need to move next weekend.

Thoughts? Thanks for sticking with it!

Any advice very much appreciated.

 

[scooter1]

You need to carefully check the terms of the fixed term lease you signed. On this date will be a cessation date. If you have not signed any extension, then you should be free to leave on July 3rd, or before providing you pay rent until July 3rd. Your estate agent may be trying it on with you in an attempt to force your hand, but stand firm, providing you haven't agreed an extension anywhere in writing(even by email) then you should be free to leave on July 3rd

 

[desprateseagull]

http://forums.moneysavingexpert.com/forumdisplay.php?f=16 MSE forum may have more info / helpers.

 

[bravohotelalpha]

Check your paperwork carefully - it could be that you needed to give notice by June 3rd in order to leave July 3rd ...

 

[Zamoracomehome]

http://forums.moneysavingexpert.com/forumdisplay.php?f=16 MSE forum may have more info / helpers.

Thanks for tip - won't let me post as a new user though.

 

[reigate]

Without seeing your tenancy agreement, I would say it,s almost certain you need to give a months notice, irrespective of when the fixed term expired.

 

[Triggaaar]

Without seeing your tenancy agreement, I would say it,s almost certain you need to give a months notice, irrespective of when the fixed term expired.

I'm not so sure, I'd think there's a fair chance it just ends on the 3rd July.

 

[spongy]

Without seeing your tenancy agreement, I would say it,s almost certain you need to give a months notice, irrespective of when the fixed term expired.

Without seeing his contract it's hard to tell, I had to give a months notice, but that was just out of courtesy so the agents could re market the flat to get new tenants in. If the contract ends on July 3rd and the rent is paid (it should be as rent is payable in advance) then he should be able to just leave without any problems. Won't go down too well if he needs them for a reference in the future though.

If I has slugs living alive and well in my flat I would be screaming down the phone at the agents every day until they figured out how the hell they were getting in.

 

[Zamoracomehome]

Without seeing his contract it's hard to tell, I had to give a months notice, but that was just out of courtesy so the agents could re market the flat to get new tenants in. If the contract ends on July 3rd and the rent is paid (it should be as rent is payable in advance) then he should be able to just leave without any problems. Won't go down too well if he needs them for a reference in the future though.

If I has slugs living alive and well in my flat I would be screaming down the phone at the agents every day until they figured out how the hell they were getting in.

I can't see anything in the agreement which says I need to give notice. Only stipulates what I'd have to do if I wanted to give notice throughout the actual 12-month agreement, which was two months after the six month break clause.

Funnily enough, I'd rather live with the slugs than the neighbours. Everything has been done to look at where they're coming from - no success.

 

[Zamoracomehome]

Also - not worried about the references. Have enough from previous tenancies.

 

[spongy]

I think you're clear to leave then, I'd give the agents a courtesy call just to be safe, if it's end of term, and you have not signed an extension you should be able to leave.

But I'm not an expert on this and not qualified to give advice!

 

[beorhthelm]

if you have a 12 mth contract ending on date x, you leave on date x. you have already effectivly given notice, at the start of the 12mth contract. im confused why there is a question here, thats the point of contracts. I imagine they have assumed you'd continue so not botthered to line anyone up, so trying it on in order to avoid losing a months rent.

 

[Sarisbury Seagull]

If you haven't intimated that you wish to extend then yes you definitely can just go on the 3rd July. Hand in the keys on the day and take proof of some sort just in case - though the agents/landlords are unlikely to do anything anyway.

It is a quirk of an Assured Shorthold Tenancy. As you say, if you don't go on the 3rd then the agreement rolls over on a statutory periodic basis where you will then have to give one months notice and you will owe at least one more months rent.

 

[nwgull]

You don't have to give notice, just make sure you don't stay a day longer otherwise the tenancy will become a periodic tenancy, and you'll have to give 1 month's notice from the day that rent is payable (so best part of 2 months).

Ignore any clause that has been put in your fixed AST that says you have to give a certain notice period; they're overruled by statutory law.

For what it's worth, your landlord wouldn't be able to do this; he'd still have to give you the statutory 2 months if he wanted you out.

 

[Zamoracomehome]

You don't have to give notice, just make sure you don't stay a day longer otherwise the tenancy will become a periodic tenancy, and you'll have to give 1 month's notice from the day that rent is payable (so best part of 2 months).

Ignore any clause that has been put in your fixed AST that says you have to give a certain notice period; they're overruled by statutory law.

For what it's worth, your landlord wouldn't be able to do this; he'd still have to give you the statutory 2 months if he wanted you out.

Thanks all - the landlord has indeed given two months notice to us, at the end of May, because we didn't want to sign a new 12 month contract. We were kind of held to ransom by him, but we weren't having it.

I just wanted to check the general feeling was we could leave - as this is what I heard.

We're not the type of people who would just leave on the 3rd July, as soon as things get confirmed, we'll tell them right away. Not that their general attitude particularly deserves that courtesy.

Once again, NSC coming to the rescue though - thanks all for taking the time while the demise of Spain was going on.

 

[GoldWithFalmer]

Thanks all - the landlord has indeed given two months notice to us, at the end of May, because we didn't want to sign a new 12 month contract. We were kind of held to ransom by him, but we weren't having it.

I just wanted to check the general feeling was we could leave - as this is what I heard.

We're not the type of people who would just leave on the 3rd July, as soon as things get confirmed, we'll tell them right away. Not that their general attitude particularly deserves that courtesy.

Once again, NSC coming to the rescue though - thanks all for taking the time while the demise of Spain was going on.

12 months (long-ish) term lease honoured by yourselves,2 months notice served by landlord,your free to go,before it becomes a periodic,worst way is an extra month,but hey.....don't put up with any crap,your free to go on the 3rd..