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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to think the rental agents are trying to con me out of two months rent

28 replies

blueberries86 · 29/08/2013 17:45

Just back from the rental agent and am absolutely fuming.

We are hoping to move in a couple of months time and so I went down to give in our notice having checked the tenancy agreement first. The agreement said that we needed to give two months notice.

So I went in and asked to give in my notice for two months time. The woman I dealt with said I would have to pay rent until January but could leave any time I wanted. I didn't have the contract with me but I was convinced it was two months notice. I told her I would check my contract and be back. The contract says to give two months notice and there will be no penalty or fees. I thoroughly checked the contract to see if there was any other clause they could have used to get this January date. Neither me, my mum or partner could find why they said January.

I think they looked at me and thought I was a young, quiet, inoffensive girl and that they'd try it on. I am aware that mistakes happen but the woman refused to show me where on the contract she had got the January date from and was generally quite rude.

AIBU to think rental and estate agents need a better regulatory body?

OP posts:
Callmedreckly · 29/08/2013 17:48

When did you move in & how long did you initially sign a contract for?

I signed in my last place for 12 months.

Original poster
blueberries86 · 29/08/2013 17:51

We moved in in September 2011 and initially had a twelve month contract and then had a rolling contract with a two month notice period.

OP posts:
Snuppeline · 29/08/2013 17:52

No you are not bu! There is indeed a need for tighter regulation. I don't understand why there can't be universal laws governing tenancy, protecting both landlord and tenant equally. Other nations have this - its not rocket science. The laws should put a stop to tenancy contracts forcing tenants to pay for a full year if they move before the years contract is up for a start. Shit happens, people loose jobs and have to move for various reasons. Three months notice is usual elsewhere (e.g. Scandinavia) and is plenty of time for LL to find new tenant. I hate renting in the UK and hope to never have to do so again!

Original poster
blueberries86 · 29/08/2013 17:58

Snuppeline....this is why we are now buying!

I'm just as cross at the way the woman spoke to me, her tone of voice and general attitude. It all reeked of 'I can't be bothered'. If I spoke to people like that in my job I'd be disciplined.

Have looked at contract in detail and we are convinced we are right. Partner is coming with me on Friday morning to try again. This time we will take the contract

OP posts:
Callmedreckly · 29/08/2013 17:59

You should be fine to go in 8 weeks then. Take your contract with you.

When I left my last place I told my landlady to use my deosit as part payment for the rent. She was fine with that.

Saved her giving me £1000 back & me paying £695 for two months, so I only payed approx £400 if that makes sense Grin

Sparrowlegs248 · 29/08/2013 18:00

I work in a housing related 'field' .. If you are no longer within the fixed term of your tenancy, you can give notice at any time. The fixed term is usually 6 or 12 months and if the tenancy is not renewed you have a periodic (month to month) tenancy. Normally the tenant need only give one months notice so your two months is plenty. Put it in writing and job done! You are undeer no obligation to pay rent until january.

RenterNomad · 29/08/2013 18:03

Maybe a registered letter would be better. After all, there are time limits on giving notice, in order not to get into the next month's period.

Sparrowlegs248 · 29/08/2013 18:08

It doesn't have to be two rental months notice - just two months in time and you pay the rent for the time you are there - if that means you pay two weeks rent at the end then its fine.

NadiaWadia · 29/08/2013 18:08

I thought it was only one month's notice anyway, if you are out of the fixed term? Suggest you ring Shelter for advice, I think the letting agents are trying it on.

PrincessFudgeBonnet · 29/08/2013 18:12

Shelter told me once that even if the contract says two months notice, you are still legally only obliged to give one month (as long as it times with the rental month). Something do with laws to protect tenants and landlords contracts not being able to override the law. So they are lucky to even get that two months out of you.

Original poster
blueberries86 · 29/08/2013 18:13

The contract says a minimum of two months notice in writing. Think I do have to give two months notice (which I was ready to do) but really can't see where January came from.

Agree that two months is too long though. Am prepared to give two months notice because of the contract though.

I'm a bit worried about going in though. The woman was rude and I did pull her up on her behaviour. Hope they are not awkward because of this.

OP posts:
RenterNomad · 29/08/2013 18:17

Don't go in, then. She won't be snotty to you in writing, and giving written notice is a formal legal act which they don't have the right to ignore.

PrincessFudgeBonnet · 29/08/2013 18:20

My contract also required two months notice in writing. This was affecting my ability to move out so I was effectively trapped there. Shelter advised me that the landlord couldn't ask for two months notice on a rolling contract for that reason so to just give one months notice. That's what I did in the end and it all went smoothly.

PrincessFudgeBonnet · 29/08/2013 18:21

Just adding that in case the two month thing is something you'd want to not do.

froubylou · 29/08/2013 18:21

If you are on a periodic tenancy it is 1 months notice as prescribed by the Housing Act 2004.

If you can be gone in 1 month then give them 1 months notice with the proviso that you will allow agents around to take photo's ect for new advert.

Most of what is in a tenancy agreement is not enforceable anyway. Even if you were in a fixed term contract it is very difficult to enforce paying until the end of the fixed term if the tenant needs/wants to move. The only way to do this is via a CCJ and a judge is likely to take the view that periods of no rent due to property veing vacant is a natural part of renting out property so unlikely to find in the LL favour if you dispute.

Go down friday, say you know (as you have checked with a sols) that you only legally have to provide 1 months notice (before the rent is due that month, so if rent due date 20th, notice must be in writing by 19th). However you are happy to give either 2 months and the LL has to wait until you have vacated before advertising or arranging viewings etc or 1 month and you will accomodate to the best of your ability a reasonable amount of disruption.

SPBisResisting · 29/08/2013 18:22

marking place to see this snotty woman get her come uppance

Mia4 · 29/08/2013 20:06

OP put your notice in writing, that's the best way to do it-an email and a letter you hand them. dont just give it verbally, it sounds already like they're either taking the piss or have you confused with a different tenant.

What froubylou states is correct, I suggest you use that in the notice and you state the date you have submitted the notice (verbally and following letter), the date you'll be handing back the keys and what the woman said to you-which you know is incorrect and illegal.

Original poster
blueberries86 · 29/08/2013 20:40

Am going to take in a letter tomorrow stating that I am handing in my notice, the date I am handing in my notice, when I will hand the keys back and the date when the final rent will reach them. I am also going to ask to speak to a senior partner to inform them of what the woman said to me and about her general demeanour.

I am going to speak to them about showing around potential tenants and I am going to ensure they do it with as little disruption as possible. Have seven month old baby and am going back to work next week so really don't need the disruption.

Partner is really cross at how I was treated. He thinks they were trying it on and that I was really restrained. The woman actually stamped her foot when her internal telephone did not work. When I sympathised with her she sighed then rolled her eyes. Then when I pulled her up on it she said she had not heard me (while pulling a face). Really unimpressed.

Thanks all for your help. Thought I was going a bit mad!

OP posts:
RenterNomad · 29/08/2013 21:56

Make sure they give you a signed AND dated receipt before you get into discussions about the woman's behaviour: you could get so distracted you forget!

Hissy · 29/08/2013 22:38

Your contract says 2m, but you're no longer in that contract.

Look up Periodic Tenancy. Cos that's what you're in now.

You are only obliged to give 1m notice, based on a rental month, so before the usual payment date of your rent. the LL has to give you 2m.

Hissy · 29/08/2013 22:42

oh yeah, and remind that agent that she has ZERO right of access to your home unless you specifically agree to it.

So tell her to watch her manners or her LL will have to wait until you leave to be able to show the property.

Write a letter of complaint to the LL.

InLoveWithDavidTennant · 29/08/2013 23:30

^what hissy said^ Grin

good luck op

DamnBamboo · 29/08/2013 23:53

We had this with a rental contract once many moons ago.
We had a fixed term tenancy which at the time meant that if we didn't discuss a new contract or agree to one, that the contract was up on the end date.

We told them, out of courtesy, that we would be leaving 4 week prior to moving, and they insisted that we had to give one months notice, despite that never being contractually agreed to.

They then held our deposit.

Long story short, we took them to small claims, and they coughed up the lot, plus interest, plus court fees.

If you are withing the terms and conditions of your contract, you will be fine.

Make them aware you will sue, if they attempt to withhold any of your deposit - will be interesting to see how they plan to claim the money from you as the onus will be on them to do so.

SPBisResisting · 30/08/2013 06:58

I had something similar with a job! Fixed term, contract up at the end of November.
Near the end of October I got a new job but didn't get formally offered it until about the tenth of Novmeber. When I told my boss that I'd be leaving at the end of the month she said she'd just renewed my contract (for another month Hmm) and so I'd have to give my month's notice as of then!

Pobblewhohasnotoes · 30/08/2013 07:07

But your deposit should be held with the deposit scheme, not the agent. Any disputes goes through them.

They can't just make up 'January'. You have a contract, they have to abide by it.