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Original poster

Rental agreement; they won't take our notice and want us to complete the tenancy term...can they do this?

34 replies

JandLandG · 26/04/2010 21:19

Hi there...very infrequent poster but hope someone can help us out with this one.

We've been renting a nice place for over a year now. Started off with a 12 month contract, all fine.

Towards the end of the term, they asked if we wanted to renew, which we did (even though we were looking to buy).

We presumed that we could just give in a month's notice to leave as per every rental agreement we'd ever experienced before, so we renewed the deal.

Just after we agreed and signed up again, we saw a house we liked and have bought it...got the keys on friday.

Great, obviously. Except that when we spoke to the letting agents to give our notice in, they said we're not allowed to do this and must pay up until the end of the term.

Does this sound right?

Are they trying it on?

We assumed that rental agreements were of a set type giving rights and responsibilities to both sides, but that a constant was that notice could be given by either side.

Can you have rental agreements that we have to stick to throughout the full term? Have we signed one without checking the small print closely enough? We simply didn't think that this could be the case...

So does anyone know where we stand on this? Or is it as per the specially prepared paperwork we signed with the letting agent.

Any explanation/thoughts would be gratefully received

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MissMaryofSweden · 26/04/2010 21:24

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thisisyesterday · 26/04/2010 21:27

hmmm whenever I rented if you agreed a term then you had to fill it.

we did agree with our last landlord when we wanted to leave early that we would pay until he found another tenant, which he did immediately, so it wasn't an issue

but i thijnk they are in the right tbh. people offer long-term rentals precisely because theydon't want people in and out the whole time

MissMaryofSweden · 26/04/2010 21:28

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thisisyesterday · 26/04/2010 21:29

if they then agreed to renew it then surely that's another 12 month contract?

JackiePaper · 26/04/2010 21:30

check your contract. In our old place the terrm was fixed for 6 months, then rolled on month by month. In our new house, it is a fixed 12 month contract and when it's up we have to sign another fixed 12 month contract.

MissMaryofSweden · 26/04/2010 21:30

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EldonAve · 26/04/2010 21:33

Do you have a copy of the agreement you signed?

LadyintheRadiator · 26/04/2010 21:34

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serenity · 26/04/2010 21:34

My sister rents and whenever she's agreed to renew, it's been for another fixed term - she's never been offered a rolling contract. It sounds like that's what has happened here. Have you got a new contract? If you haven't signed anything new I can't see that they could hold you to anything, unless there's something written into the original one?

thisisyesterday · 26/04/2010 21:34

i could be wrong of course, but assume that if it was on a rolling month they'd have simply been asked if they wanted to continue renting

but they were asked if they wanted to renew it, which makes me think it was a brand new 12 month contract- like if you have a mobile phone

ateotd, if the contract you signed said that it's another 12 months you'll have to suck it up!

Original poster
JandLandG · 26/04/2010 21:35

Well, we asked for a 12 month agreement, but they would only give us a 6 month.

We took this to mean that the landlords we returning from their jobs abroad early (they'd left initially saying that they'd be away for 3 years).

This meant that we'd effectively be evicted when they returned in August, and so gave us greater impetus to look to buy. Coincidentally, a great house in the same village came up shortly afterwards and we leapt at it.

Perhaps we should have been more enquiring but we simply didn't think that you could be locked into these agreements.

As things stand, they want over 3 months rent from us over and above that which we were expecting to pay - obviously also paying a mortgage as of last friday.

Also, because the owners are returning in August, there's no chance that someone could come in and just take up the rental on the place.

Please someone tell me that all rental agreements have a notice period built in as standard.

Or we're 3 odd grand down.

Obviously we could just refuse to pay, but that would leave us looking a bit horrid and loads of people in the village know the owners...

Hmmmmm...

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LadyintheRadiator · 26/04/2010 21:35

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LadyintheRadiator · 26/04/2010 21:37

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NorkyButNice · 26/04/2010 21:40

Unfortunately I think that if you've signed a 6 month contract, you're tied into paying the full term.

Had you not re-signed anything, you'd have automatically gone onto a rolling lease where you only had to give one month's notice.

Sorry to be the bearer of bad news.

weloveyoumisshannigan · 26/04/2010 21:41

"Obviously we could just refuse to pay, but that would leave us looking a bit horrid and loads of people in the village know the owners..."

The court will think it a bit horrid too and order you to pay.

If you have signed a contrat and if there is no break clause and if the contract says you can't give notice until the term is up then you are stuck with it I'm affraid.

JackiePaper · 26/04/2010 21:41

sorry but i think norky is right...

pixiestix · 26/04/2010 21:42

There is no notice period or break clause built into my fixed term contract - if we want to leave early we still have to pay until the contract is up. Hope yours is different.

Original poster
JandLandG · 26/04/2010 21:42

Wow...that's a load of replies quickly...thanks for the interest.

What's a rolling contract when its at home then? Never heard of them.

Blimey, things have changed since I last rented - we owned places for 10/12 years before relocating.

We just thought you signed an agreement for a period rather than having an open ended commitment, but within that, notice could be given either way.

Are we wrong then?

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paisleyleaf · 26/04/2010 21:43

"If you have a fixed-term tenancy (ie for one year) you will only be able to give notice during the fixed-term if your tenancy agreement says it is allowed"
according to shelter.org.uk
It says it is possible to surrender the tenancy.....with the landlord's agreement.

MissMaryofSweden · 26/04/2010 21:43

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Original poster
JandLandG · 26/04/2010 21:47

I'll check the paperwork, obviously, but I'm presuming now that as they've taken this line, they must be in the right.

this is an absolute bugger though, i thought you could give notice in - and similarly they could give notice to us.

looks like we're wrong then.

bugger.

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LadyintheRadiator · 26/04/2010 21:47

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weloveyoumisshannigan · 26/04/2010 21:48

A rolling contract is what you automatically go onto after your fixed term is up on an AST. You have to give one months notice and the landlord has to give 2 months. When you are in the fixed period of an AST then you cannot give notice until its up.

LadyintheRadiator · 26/04/2010 21:49

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wastingaway · 26/04/2010 21:49

If you signed the contract, then you have to pay up I'm afraid.

You could always explain that you didn't understand and offer them a partial settlement. If you refuse outright they'll definitely take you to court.