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I need help with renting. Am I trapped in this contract?

74 replies

amifucked · 26/08/2014 13:41

I share a house with one other. It's a two bed house but it's common for the living room to be advertised as an extra bedroom, so we viewed and rented a '3 bed flat'.

As our contract came to an end, we looked into renewing the contract with the proviso that we could reinstate the third bedroom and add a third tenant to bring the rent down. This was approved verbally but when I sought written approval (email) I was given a stock answer to "contact X office when you have found someone". I spoke to a different person at the agency each time I rang. We paid the renewal fee. We advertised the room.

We sent our newly found tenant to the agency whereupon they were told that the landlord had never given permission, would not give permission and we would not be allowed a third tenant.

We said if we were not allowed a third person, we could not afford to keep renting. We want out. We were informed that because we had paid the renewal fee, the house was ours for another year whether we liked it or not. Because we had not actually signed the paperwork associated with the renewal (because we don't want the place), we have been put on a rolling contract.

We are now responsible for paying the rent until new tenants are found. We are apparently on a "rolling contract", but it does not seem to be possible to terminate it unless a) new tenants are found, or b) we stay there until the tenancy ends anyway.

Are we on a rolling contract or not? Can we get out of this house?

OP posts:
amifucked · 26/08/2014 19:07

I think I might just follow Shelter's advice, which is to end on the 21st of October and ask for him to agree to a shorter notice period (if he would be so kind...), unless you think it's definitely okay to pay rent on Sept 1st and terminate on the 30th?

OP posts:
LadySybilLikesCake · 26/08/2014 19:19

It depends on when you want to move out but you can give more than a month's notice (you can also revoke it if you change your mind). It's absolutely OK to pay on the 1st and move out on the 30th. If you move out on the 1st you need to pay another month as it takes you into a new month IYSWIM.

I doubt he'd give you a shorter notice period from what you've said here.

amifucked · 26/08/2014 19:22

We can move out ASAP and want to move out ASAP. Because we signed on the 22nd, Shelter say the next date we can move out which includes the months notice is the 21st of October. We'd rather give notice on the 1st of September and leave on the 30th of that month if possible, to avoid paying October's rent too.

OP posts:
tiredoutgran · 26/08/2014 19:33

Shelter is correct, your tenancy runs from the 22nd to 21st of the following month and the date you pay your rent doesn't come into it. You would need to vacate the property and have the keys to the agency by midnight on the 21st of the month. You need to serve your notice to the agent by 21st of September if you want to end the contract by 22 October. I always send an email to tell them of my notice and then a letter to follow up and I have always hand delivered my letter.

I have got away with ending a tenancy prior to the renewal date because I thought a month was it and didn't know about the legal side of it, the agents obviously didn't either as they never pulled me on it, so you could try it and see if they come back to you. If they don't tell you otherwise then they have accepted your notice, ask for confirmation of receipt in writing, that would then give you something to argue with if they try to hold your deposit - they represent the landlord, so it would class as being by agreement.

amifucked · 26/08/2014 19:36

Sneakily was thinking along the lines of your second paragraph tiredout. I doubt the agency would know about the serving notice guidelines mentioned on Shelter tbh.

I will either serve my notice as per Shelter's guidelines and request an early termination, or just hedge my bets as serve my notice for the 30th of September.

OP posts:
BerylStreep · 27/08/2014 09:39

I agree, send notice by 30th August, stating you will move out on 30 September.

They might be clued in and demand it is 21 October, but then again, they might not.

HolyQuadrityDrinkFeckArseGirls · 27/08/2014 12:29

Still trading the test of the thread but the original contract is the most bizarre I've seen!

HolyQuadrityDrinkFeckArseGirls · 27/08/2014 12:35

You paid the initial difference between 22nd and 30th. Now you pay monthly on 1st if each month. Serve the notice to move in on 30. Otherwise you'd need to pay a different amount for Sept if you move out on 21st and if they are unhelpful they might not authorise that in time.

amifucked · 27/08/2014 13:47

Thank you. I've written my notice for the 30th of September and sent it this morning first class recorded.

OP posts:
specialsubject · 27/08/2014 19:31

glad to see all has been done properly with the deposit.

interesting that you moved in without paying first - no reflection on you but a new one on me! Anyway, that does explain why your tenancy creation and rent payment dates aren't the same.

good luck in extricating yourself.

amifucked · 29/08/2014 09:43

Thank you so, so much for all your help. I got an email this morning:

We acknowledge that you wish to give Notice in accordance with the terms of the Tenancy Agreement. Your tenancy will therefore terminate on 30 September 2014 when, subject to vacant possession, your rental liability will cease.

Hooray! Thank you all so much Thanks

OP posts:
specialsubject · 29/08/2014 09:48

result! But one final check; is that email from the landlord or the agent?

amifucked · 29/08/2014 09:55

Uoh. It's from the "terminations team" at the agency. I've never had any direct contact from the LL before, should I be expecting it now?

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HolyQuadrityDrinkFeckArseGirls · 29/08/2014 10:35

No. They are agents acting on behalf of the landlord.

specialsubject · 29/08/2014 11:47

just me being a bit over-cautious given the hassle you've had. But on reflection that does sound fine. Sorry to worry you!

there should also be a checkout to confirm condition - take photos yourself. You are expected to remove all your possessions and leave the place as you found it, less normal wear and tear.

Keep a copy, happy packing and good luck in your new home!

BerylStreep · 29/08/2014 22:25

Make sure you really clean the place. When we have had tenants move out, there are always some people who think that removing their possessions is sufficient.

I always expect some cleaning to do in between moves, but I have been left with places where there has been no hoovering done , skirting boards are thick with dust, doors & light switches are black (people who never wash their hands ), and kitchens are thick with grease and bathrooms are disgusting.

We are really loathe to retain deposits, but those occasions where it has been really bad, we have, since we have had to employ cleaners to clean the place properly.

Loads of other landlords would retain the deposit at the drop of a hat.

tiredoutgran · 30/08/2014 09:50

Yep, make sure you leave the place spotless, mine are usually left far cleaner than when I moved in! Take loads of photos, try to get the same angles etc as on the check in inventory so that the photos are the same, if anything has been damaged then make sure it is put right before you leave. Good luck in your new home! :)

specialsubject · 30/08/2014 12:14

landlords can't retain deposits at the 'drop of a hat'. The deposit protection scheme prevents that.

please don't encourage this idea, there are loads of vicious landlord-haters around who jump on any kind of untruth like this.

amifucked · 30/08/2014 12:44

I am not totally naive. I have rented before, I've just never had a situation with an agency refusing to release us from a contract that didn't exist.

I know I have to clean the place(!), are you assuming I'm a tenant and therefore filthy and/or completely arrogant? The house is kept in good nick anyway but I'm not an idiot and obviously I will clean it before I move out (yes, even the skirting boards).

The last time we spent a day scrubbing and the place was nicer than when we moved in. The landlord still said it needed a professional clean, deducted £100 from our deposit and provided no receipt despite our request. We had to write off the £100 because we just needed that chunk of money back.

Ffs!

OP posts:
BerylStreep · 30/08/2014 13:54

I seem to have unintentionally hit a nerve.

I haven't assumed that you are naive, filthy, arrogant or an idiot. Not sure how you discerned that from my post.

Given that the agency are renowned for being difficult and charging hidden fees, I was merely pointing out that it is more likely that they are going to be difficult when it comes to you moving out and checking the condition of the place.

amifucked · 30/08/2014 14:49

Your post was about filthy tenants and directed to me. If you didn't mean to imply I was going to leave it in a tip then your wording wasn't that great tbh.

OP posts:
specialsubject · 30/08/2014 16:56

ami was your deposit in a protected scheme?

amifucked · 30/08/2014 17:27

Yes, with mydeposits.co.uk. Website looks dodgy as fuck but it is legit I hope

OP posts:
specialsubject · 31/08/2014 20:06

don't worry - that IS one of the approved schemes. So not sure what happened there - as they say 'the deposit is your money and the landlord must produce evidence of any reason not to return it all'

sounds like it may be too late but if not, raise a dispute.

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