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View Full Version : Breach of contract and new refernces.



Best
14-03-2009, 18:34 PM
Hi All

Excellent site, and wondered if one of you may help.

I have rented my house out on a standard 6 month agreement. After these six months had rolled there is a clause stating that if the tenants want to stay on, then it would be on a rolling one month basis...as they said they may look around.

We signed NEW contracts in middle of February for a further 6 months on the house. I get a letter from a Letting Agent last week asking for a reference for my tenants as they are wanting to let a property from them! Tenants DID NOT even let me know they were thinking of moving on, until I asked them.

They are now giving me 30 days notice to leave the house, despite signing a new contract, thus rendering the old one invalid! Not to be problematic, I said ok, on this occasion a variation of the contract can be extended and we can terminate on your last rent payment day 30 days from now....

They are now arguing stating that 30 days runs from date they gave notice, not last rent day - which is clearly states in the contract, anyways....

I am so incensed by their aggression and lack of tact I am not willing to give a reference until they have vacated the property (but they will lose their new house as they NEED my reference) as they could do anything to it between now and 30 days...

So, what should I do? If they want to kick up a fuss, should I just sue them for breach of contract and be an arsehole - but I do refuse to give a reference until they are out, with ultimately renders them homeless until my reference is released...

Advice would be great!

jta
15-03-2009, 16:28 PM
Hi All

Excellent site, and wondered if one of you may help.

I have rented my house out on a standard 6 month agreement. After these six months had rolled there is a clause stating that if the tenants want to stay on, then it would be on a rolling one month basis...as they said they may look around. That's known as a periodic tenancy.

We signed NEW contracts in middle of February for a further 6 months on the house. I get a letter from a Letting Agent last week asking for a reference for my tenants as they are wanting to let a property from them! Tenants DID NOT even let me know they were thinking of moving on, until I asked them.

They are now giving me 30 days notice to leave the house, despite signing a new contract, thus rendering the old one invalid!No it doesn't Not to be problematic, I said ok, on this occasion a variation of the contract can be extended and we can terminate on your last rent payment day 30 days from now....Are you accepting their surrender?

They are now arguing stating that 30 days runs from date they gave notice, not last rent day - .which is clearly states in the contract, anyways....

I am so incensed by their aggression and lack of tact I am not willing to give a reference until they have vacated the property (but they will lose their new house as they NEED my reference) as they could do anything to it between now and 30 days...

So, what should I do? If they want to kick up a fuss, should I just sue them for breach of contract and be an arsehole - but I do refuse to give a reference until they are out, with ultimately renders them homeless until my reference is released...

Advice would be great!

You would be within your rights to hold them to the agreement they signed, you can't force them to stay, but neither can they just renege on the agreement. Try to negotiate that they pay the expenses of re-letting the property. I take it that you have put their deposit into a deposit protection scheme.

PS Making comments about Jeffrey's knowledge on this forum will make you no friends unless you can back up what you say with hard facts.