I CANNOT MOVE OUT (apparently)

[Italianboy]

I've signed a Assured Shorthold Tenancy Agreement on the 15th of Feb 06. Before the expire date the company that deal with processing the rent sent me a letter asking me to choose wether I want to vacate the property or I want to renew the contract. I chose to stay and therefore renewed the contract.
I am buying my own property now and I want to move out, I went to the estate agency to give my notice and they said that I have to call the company that deals with the rent. I did so but they told me that, even if the landlady has confirmed that she is happy for you to leave earlier if a new tenant is found by the time you want to move, you are liable for the rent until Feb 08.
I read the contract but it does not say anything about the notice length.

Are they taking me for a ride or I am going to loose my deposit?

Please help....

[tiglet]

with this type of tenancy, both parties are usually required to give 2 months written notice.

[MrShed]

I've been thrown here by the apparent confidence of tiglet, but I'm fairly positive that the tenant needs only give 1 rental periods notice(ie 1 months notice, to expire at the end of a rental period)....

[Italianboy]

That's what I thought but they are telling me that I can't move out before the end of the contract.
Isn't it strange?

[tiglet]

Interesting - last time I rented (it was about 6 years ago now while we were inbetween buying) I was told by the local council it was 2 months eachway.

No sarcasm here, but I would believe you over them any day of the week.

[Italianboy]

i have given them notice this month to move out by the 14th of jan 2008 but they are telling me i'm liable up until 15/02/2008. so if they dont found another tenant then i have to stay

[MrShed]

Oh hang on. Sorry I misread your post. When you moved in in Feb 06 did you sign a year contract? In which case they are absolutely correct.

[tiglet]

Ask them to show where it says that in your tenancy agreement.

[MrShed]

Hmmmm....this really isnt one of those "oh I can get out on a technicality" points. If you have signed a one year fixed term agreement, that is a fixed term for one year. There really isnt much way to get out of it.

[Italianboy]

yes it was a year contract, but i thought that if you want to move out you can all we had to do is give two months notice. say for instance i sign a contract in feb 06 i stay in that property for the year then renew my contract , say i want to move out for a reason ( ie going back home, etc) do i have to wait all the way for feb next year why cant i give two months notice and thats that why wait for a whole year

[MrShed]

Yes you do. No offence intended here, but I cant see in what other way you can define a "year contract"? If you sign a year contract, surely you see this as a contract to last a year?

The short answer is that yes you are liable for the rent until this date.

[Italianboy]

to make matters worst my friend as the same contract with them and she only just renew her contract on 04/11/07 but since then had found a property and have given them notice but they told are it ok she can move in january( so thats givening them two months notice) our contract is the same word for word

[MrShed]

In that case they have granted her leeway, over and above what they are obliged to do. This does not mean that they should give you the same leeway.

[Italianboy]

ya i seen what you're say but i have read my contract over and over but cant seen where it said to give two months notice trust me i'm going over it with a fined teeth comb

[MrShed]

The 2 months is irrelevant. The fact is you are in a year long fixed term contract.

[Italianboy]

All It Say Is The Landlord May Bring The Tenancy To A End At Any Times Before Expiry Of The Term Of Contract

[Italianboy]

So We Dont Have A Choice Is That It. So We Have To Wait Until Feb 2008

[MrShed]

Thats correct.