Agent insisting that I give notice to leave at the end of Fixed Term AST

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    #16
    Keep all your documents and complain about the agent when you move out.

    Hi Raul,

    I had an identically worded clause in my contract, and received a letter telling me that I must give two months notice to move out at the end of the contract. I also received inadequate service, especially considering the above average fees I had to pay at the start of the Tenancy!

    My advice would be to check which ombudsman scheme you agent is a member of, and then read the lettings code of practice carefully (probably here for you - http://www.tpos.co.uk/code_of_practice_rents.htm) and keep all the documents/letters that you receive from the agents. You should be able, with a couple of well written emails, get a substantial amount of those original fees back - which incidentally are expressed as a figure +VAT in my contract, which breaches 3l

    Clauses of interest:
    1b You (*) must comply with this Code of Practice. You must ensure that all staff are fully
    conversant with all aspects of the Code of Practice and their legal responsibilities. Such
    staff must observe the Code and their legal responsibilities in all their dealings with
    consumers. You must comply with all laws relating to the letting of residential property
    and all other current and relevant legislation.
    1c You must always act within the law in the conduct of your business. In particular you must
    ensure that in your dealings with consumers you avoid any banned practices, misleading
    practices or misleading omissions as defined by the Consumer Protection from Unfair
    Trading Regulations 2008.
    1d You should provide a service consistent with fairness, integrity and best practice; and you
    should not seek business by methods that are oppressive or involve dishonesty, deceit,
    misrepresentation or harassment (*)
    3e You must not directly or indirectly harass any person in order to gain instructions. Nor
    must you repeatedly try to gain instructions in a way likely to cause offence.
    3l Where you charge a fixed fee you should state the actual amount payable including VAT
    in the contract and ensure that the client understands that the fee will not vary whatever
    the rental income.
    6g Prior to an applicant’s offer being formally accepted, you must set out in written form
    and must actively flag any significant tenancy pre-conditions and terms for the letting,
    including the circumstances in which the applicant may have any potential financial
    liability for fees, charges or penalties relevant to... any ongoing or future liability for fees or charges payable to you for the applicant to
    extend, renew or terminate the proposed tenancy including inventory check-out costs
    8a You must take care to prepare an appropriate written tenancy agreement that includes any
    agreed or specially negotiated clauses or terms particular to the property or the
    circumstances of the parties to the letting including prescribed information in accordance
    with the Landlord and Tenant Act 1987. You should ensure tenancy agreements are
    transparent in relation to the commitments of each party. The tenancy agreements must
    be clearly presented, written in plain and intelligible language; that any fees and other
    charges are actively flagged; and that any standard terms and clauses take account of the
    implications of the Unfair Terms in Consumer Contracts Regulations 1999. You should
    note that standard terms or clauses or fees and charges deemed unfair by the Courts
    under these regulations are unenforceable.
    8d By law you must, within 21 days of receipt of formal written request from a tenant, provide
    that tenant with the name and address of their landlord.
    12d Irrespective of how the tenancy deposit has been held by you, where you are
    subsequently contractually involved in negotiations between the parties at the end of the
    tenancy, you must communicate promptly, regularly, politely and fairly. Major pertinent
    details and recommendations or suggestions must be confirmed in writing and copies of
    relevant significant information (such as quotations or invoices) provided

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