27

Apr, 2017

Thursday

Results 1 to 5 of 5
  1. #1

    Default Estate Agent Demanding Two Months Notice with no Contract in Place

    I was wondering if anyone could give me some advice. Myself and my partner signed a six month contract in August last with an estate agent in England. When the contract ended in February this year the estate agent wanted us to sign a new contract and charge £140 but we spoke to the landlord directly and he agreed that we could have a rolling contract which is what we both wanted. So the old contract expired and we had a verbal agreement to go month by month.

    We have decided to now leave this house and go to a new one with a different estate agent. We gave just over a months notice however this is where the landlord and estate agent started getting very iffy. First the landlord has tried demanding we give two months notice even though our new estate agent has advised us there is nothing legally keeping us to this house for another month and paying an addition months rent.

    When my partner has spoken to the estate agent they have tried to wash their hands of it and say no we have to pay the full two months’ rent and stay the two months’ notice, despite our contract being well expired.

    At this point we must be legally in the right? Is there anything we can say to them or any governing bodies we can advise them we will approach if they keep up this stance of two months? Also the house is in sound condition but I'm concerned that with the attitude they have they might try and swindle our deposit somehow which we are waiting to get back once we move out.

    Any thoughts or advice is appreciated.

  2. #2
    Join Date
    Nov 2016
    Posts
    1,377

    Default

    They are quite simply wrong.

    Even of your original AST requested two months notice this would not be enforceable as the legal notice period on a periodic Is one month ending at a rental period.

    You may end up with almost two months required if you don't serve notice at a reasonable time. It is a minimum of one month ending on your rental period date.

    Your deposit should be protected in a scheme and there request for two months notice will not allow for a deduction. Anything else they try to claim from it must be proven and you will have access to arbitration

  3. #3
    Join Date
    Mar 2009
    Posts
    16,321

    Default

    As long as your notice (it was in writing, on paper, hopefully) ended on an end-of-tenancy-period day then it will be valid. You don't need landlord's (or agent's) "permission" to leave: Simply do so, take LOADS of date-stamped photos, return keys before end of expiry day.

    Housing Act 1988 s5 says any terms over notice do not carry on to rolling contracts...

    Good luck with your new home.

    'phone Shelter, 0808 800 4444 if you need confirmation or further help
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  4. #4

    Default

    Partner has just reminded me that we changed our payment date to the 4th of every month and was told by one of their old employees that now our end-of-tenancy-period will now change etc However when we have spoken to {Mod - name removed} they say because our agreement was never updated and they no nothing about it we are still help by out old contract. So even thought we sent them the notice by what we were told and believe to be our new date, we are now been advised that it is wrong and have to pay until the end of May instead of end of April / beginning of May.

  5. #5
    Join Date
    Nov 2016
    Posts
    1,377

    Default

    Your rental period is the date you signed last AST not the date you pay.

    What is this date?

Similar Threads

  1. Landlord demanding we give 2 months notice, tenancy ending in 2 weeks
    By Lenners87 in forum Residential Letting Questions
    Replies: 4
    Last Post: 25-02-2012, 23:53 PM
  2. 2 years contract with 6 months break clause (2 months notice) question
    By Vinh in forum Residential Letting Questions
    Replies: 1
    Last Post: 03-02-2011, 23:19 PM
  3. Estate Agent's Contract- he closes on Saturdays
    By patriciaclare in forum Conveyancing Questions
    Replies: 8
    Last Post: 15-12-2010, 16:30 PM
  4. Renewing my tenents contract - do i have to pay estate agent again?
    By cnf2010 in forum Residential Letting Questions
    Replies: 6
    Last Post: 17-01-2010, 07:34 AM
  5. Estate Agent's Contract
    By patriciaclare in forum Long Leasehold Questions
    Replies: 1
    Last Post: 03-06-2008, 08:34 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •