Query on tenancy agreement termination

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    #16
    Originally posted by Miffy View Post
    Ruthless -It would seem a bit much to just up & leave on the end of the fixed term without informing anyone, although one could do so legally as long as there is no debate about whether one had actually stayed longer and made it a periodic tenancy.
    Miffy, of course you've got to tell the landlord and hand back the keys, it needs to be clear you've gone. The point is there is no need to give notice so you can't be charged rent due to a lack of notice. The text is an exact quote of the OFT document in case it wasn't clear. Personally I would want to arrange and be present at a checkout with the landlord/agent if there was time to arrange this.
    ~~~~~

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      #17
      Thanks everyone.

      I just got word back from the solicitors at "Shelter" who (shelter) have been superb and really helpful. A donation will be on its way to them!

      They have confirmed that the notice period may possibly be "unfair" according to the OFT (as above in the paragraph from the OFT publication).

      What to do - that's the question? I have now served my notice giving 1 month's notice and have also pointed out that I think the notice is unfair. I ahve also offered to leave on 23rd March if the landlord agrees not to try to charge me any rent beyond 4th April. this gives him two free weeks of the property to do with it what he pleases. I have told them I will vacate on 4th April at the end of the fixed term. I have told them that I do not want the agreement to revert to a statuatory periodic tenancy (as it states this will happen if "notice" is not served).

      the notice clause is prescisely as follows:

      "It is agreed that after an initial period of four months, TWO COMPLETE RENTAL MONTHS NOTICE in writing to the landlords managing agent may be served by either party to end the agreement"

      Note the word "may" - not "must" ??? Interesting......

      also the first page of the agreement states in the "General Notes":

      "This agreement has been drawn up after consideration of the Office of Fair Trading guidance on Unfair Tems in Tenancy Agreements".

      Well....... How so? If it was then a term that the OFT say is potentially unfair surely would not have been included. This tells me that they put a potentially unfair term in their contract with both eyes open and it was not just an oversight!!! or ..... they have cocked up big time..... or they are chancing their arm as 90% of people would comply.

      The problem is. What do I do. They say verbally I owe them £1400 for 1 months rent (subject to a reply to my notice to quit). They also hold £2100 as a deposit to be used to compenste the landlord for "reasonable costs for any breach".

      I suspect they will return my deposit minus the £1400 and wait for me to sue them. If I lose then I will have to pay their costs and mine.

      Anyone any idea of their likely costs in the small claims court? Also, anyone aware of any legal prescident for this situation that I can quote to them. Courts like prescident don't they!!

      Are there any "no win no fee" type deals out their for this kind of thing?

      I do have DAS legal protection in my home insurance so I guess I could try them. Better get in touch with them on Monday.


      Cheers,

      Paul

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