Can we leave early? Nightmare Letting Agent

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    Can we leave early? Nightmare Letting Agent


    #2
    Your situation sounds desperately bad and you have my sympathies.
    Your AST is with the landlord, not the agents, of course; so your contractual rights are against L. You may also have a claim against agents for misrepresentation.
    In certain cases, a contract can be ended by frustration. I know that this is how you are feeling, but I mean the legal doctrine of frustration of contract. Take immediate advice from a solicitor or CAB, who can put together a formal letter to agent (copy to L) warning of proceedings but offering to call it quits if you are released from AST right now.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      Hi there,

      First write them a letter detailing all your concern and threaten legal action. That will make them jump and look in your case with some care, some of these agencies only want your money and once they have it that is the END of thier CARE for you. These are reasons why I want to set up mine and be more caring to Tennants. Start with that and you should get some sort of responce from them. You also need to be FIRM with them.

      Good Luck!

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        #4
        Nightmare Agency

        Thank you so much.

        When I started researching I was worried we would have no way of leaving as it appears that even if a landlord is in breach of a tenancy agreement that does not give you the right to end the tenancy.

        We'd rather be amicable but I really think they will give us the run around and try to flannel us as much as possible.

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          #5
          What are your start and end dates of your AST,, You say you signed up for 6 months and that your wedding was only a few weeks away from the end of the AST. So I assume your 6 months is up, therefore you only need give one months notie in writing to end at the rental period and you are sorted!
          GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

          Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

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            #6
            Hi Justaboutsane,

            Unfortunately we signed for a year and still have about five months to run. We really wanted a one year tenancy as we wanted the security of knowing we would not have to move at the same time as the wedding.

            Having read up a little bit about it now I realise we should have requested a break clause be put in when we were landed with the situation of them messing up the lease for the original place but at that stage we were just so panicked that we would end up homeless.

            It's not ideal having to move right now but honestly they are really terrible, the area is awful and very noisy as we are on route for every emergency service in the town so there are sirens every three minutes and lots of noise.

            Really I think they nailed the coffin went they let that builder in the house without our knowledge. It might seem daft but with the builder being in our house, then one of their regular inspections, then the gas safety check not and then being carried out, the decorator in and information, eventually proved false, that the shop downstairs had full access to the flat via a private door (which we were told only we had the key to) and had been into our flat it's horrible. Every day you just feel like you don't know if someone has been into the house and all we want to do is leave as soon as we possibly can!

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