Need urgent advice on termination of AST

[carico]

Hi there,

I'm new to these forums and I need some advice quite urgently. My husband and I have been living in a flat for the past 2 years. It was bought out last year august and we resigned a 12 month AST with the new landlord, with a break clause of 2 months either way. However, we had always been upfront with the landlord that we wanted to move out in April 2008 after we got married, and we have a letter from him dated November 2007 acknowledging that he knows we will be moving out in April 2008, and that he would be prepared to reduce our notice period closer to the time, but that he would discuss this closer to the time with us. It was always a verbal agreement between us and the landlord that we would vacate in April, as he felt he was not getting the rent on the place for what it was worth, and we were not prepared to pay the rent that he wanted, which he wanted to increase in April 2008. However, after our rent was increased in April 2007 by our previous landlord, he proceeded to increase the rent by £50 in February 2008, with a further increase of £50 in April that he wanted to action.

We have since found a house which we are moving to, and we gave one month's written notice of termination of tenancy on the 25th March, in accordance with our verbal agreement with the landlord as of November last year. However, he is now saying that we can vacate on the 26th April (which is our moving date), but we are tied into the contract until 5th June when the contract expires, so we will be liable for one month's rent for June.

My question is this: can he expect us to stay in this agreement until June, even though he's been fully aware and acknowledged the fact that we wanted to move out in April this year and has said that he would be willing to negotiate and reduce our notice period (to what he didn't say). I believe we've been fully accommodating with him, as he has been doing repairs to the flat while we were away getting married, and he has come past on numerous occasions without giving us 24 hour notification. He also let our previous landlord into the flat without our knowledge or permission to collect her paintings off the walls. What course of action would I be able to take with regards to this? Any advice would be greatly appreciated.

[Bel]

Before anyone can give you a full answer, please verify the following

Does he hold your deposit ? Is it one months rent?

Is it in an government approved scheme (you should have written notification)?

What does the written agreement say regarding the fixed term of the tenancy? Ie when does it end.

[carico]

Does he hold your deposit ? Is it one months rent?
The deposit is held in the Deposit Protection Scheme. It is one and a half month's rent, held from August 2007

Is it in an government approved scheme (you should have written notification)?
It is the Deposit Protection Scheme, which is a governnment-authorised service and I do have notification that it's been placed in this scheme.

What does the written agreement say regarding the fixed term of the tenancy? Ie when does it end.
The written agreement is for a fixed term of 12 months, starting from August 2007, ending 31st July 2008 . There is a break clause of 2 months' notice from either landlord or tenant.

Is it also true that if the landlord allows us to vacate the property on the requested date of 26th April and takes the flat keys back from us, this would be considered a surrender of tenancy from both parties?

Thanks.

[carico]

This has been resolved so no need to post any more replies.

Many thanks.

[Bel]

Is it also true that if the landlord allows us to vacate the property on the requested date of 26th April and takes the flat keys back from us, this would be considered a surrender of tenancy from both parties



He has made his feelings known that this would not be the case, so i would not rely on this.

You need to negotiate with him that he has made you believe that your reduced notice would be sufficient, and now he is reneging (shame on him) on your understanding (send copy of letter). Point out how accomodating you have been and his short-comings. (In reality there is not much you can do here as you should complain at the time) Deliver a positive tone that you have the moral higher ground. Say you will dispute any extra months rent he deducts from your deposit; this will cost him money for the dispute service and not you,( I believe.)

The extra months rent he will want to take out of your deposit. As deposit is in DPS, if there is a dispute about him deducting an extra months rent from deposit and you are not happy, it must be referred to independant dispute resolution before the money is released. It will cost you nothing to do this ( I believe).

Do your homework about the DPS service . Phone them for advice and be ready.

My view is that you hold the moral high ground, but because you were tardy in negotiating a shorter notice period, you have left yourself open.

If he felt he could take it all the way, you MIGHT find yourself ordered to pay the extra months rent if it went to court.

There is no harm trying it on (in the nicest possible way), but you will have to think..is it worth it, if he resisits.

Try SHelter or CAB for advice too.

[Bel]

This has been resolved so no need to post any more replies.

Many thanks.

Happy for you, but annoyed about last 10 minutes !!

Never mind.