6 mts AST - LL orally agreed to terminate

[Priya]

Hi All,

I have a tenancy agreement for 6 months with 2 mts notice period not to be given during first 4 months of term. Tenancy started on 10th Nov.

I agreed with the LL on the telephone on the 17th Feb that we will terminate the tenancy on 17th March. She did not have any problem with it. She said to me "That's absolutely fine, just put it in writing" which I did. She did not acknowledge receipt of the letter.

Now, 2 weeks before we are supposed to move out, she is saying that she has spoken to the Agents and I should have given 2 months notice.

I don't know much about tenancy law but I just find it grossly unfair that someone accepts to terminate a tenancy (although orally) and then go back on their word.

I relied on what she said and put down a deposit and paid advance rent for another property.

Yours views will be most appreciated as I am extremely confused and distressed with the whole situation.

Many Thanks,

PS: LL is also now avoiding my calls.

[attilathelandlord]

Your fixed term ends on 9th May. Neither the landlord nor the tenant can end the tenancy before the end of the fixed term unless by mutual agreement.

Unless you can prove that you had the agreement of the landlord (ie something in writing) then you will be liable to pay the rent up until the end of the fixed term or until a new tenant is found, whichever comes sooner.

You are learning the hard way that unless it is in writing and you can stand in front of a judge and say "exhibit A M'lud" then it ain't happened.

BTW a tenant does not have to give notice to leave at the end of the fixed term. He or she can simply vacate on the last day.

[Priya]

Thank you so much for your quick reply. At least I now know where I stand.

Just one more question. If I get something in writing from the Landlord confirming she agrees for us to leave, for example on 10th April, will this be enough to terminate the contract early?

Very strangely, there is a clause in the contract that says if I don't want to renew the agreement, I need to give 2 months notice to the Agents!!

[attilathelandlord]

The last day of your rental period will be the 9th of any given month. If you can get written agreement from the landlady releasing you from the contract early WITHOUT PENALTY then that will stand up in court. The landlady could release you and still hold you to the contractual amount, so be specific about that.

Agency is talking rubbish. The tenant has the right to leave on the last day of the fixed period (in your case 6 months) without any notice and thereafter only has to give one month's notice to end the contract. If they insist ask them to point out the statute law that allows them to insist on this. Then watch them do their goldfish impression!

[Bel]

Regarding agency requiring notice to end the tenancy at the end of the fixed period; the following thread was recently posted.

http://www.landlordzone.co.uk/forums/showthread.php?t=5287