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Go Back   The Consumer Forums > The Consumer Forums
The Consumer Action Group
> Residential and Commercial Lettings

Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Old 19th March 2008, 16:54   #1 (permalink)
Torimuse
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Default Problems with Lettings Agency and Tenancy Agreement! HELP!

Hi all,

I'm in desperate need of advice, I was going to go to the Citizens Advice Bureau today but it's closed on a wednesday where I live and I really need help and infomation (I'm still going to visit the Bureau as well...)

A week ago I said to my agency that I wanted to leave my room. She was generally very snotty to me about this and we got into a heated "debate" (I.e she got indignate, I got upset) about the payment of £250 for a room in the house I share that was unoccupied for a month between Jan 1st to Febuary 1st. She insisted that I and the other housemates (included a new housemate) have to pay for this and yet I can't find anything that states this in the tenancy agreement. Other agreements tend to state this.

I have always paid my rent on time by standing order. So she can't have me personally for late payments.

The agent also stated that she had sent letters addressed to me and the other housemate about this payment. I never recieved these letters. Either she is lying or my housemate (who I don't know very well) has hidden them from me.

I asked if the agent had contacted the previous housemate about this and if that housemate was going to pay. The agent said that they had contacted her and she had declared that she wasn't going to pay for the month after she had vacated.

Due to the agent being so angry about this she then threaten to send each member of the household a separate letter on the 1st of April stating that they should vacate in 2 months. I have handed in a formal written notice stating my intension to leave in a months time but if she goes through with this I will have to end up paying 1 more months rent, which I really don't want to pay.

She called the contract a "Rolling tenancy" even though it's called an "Assured Shorthold Tenancy" and declared that I have to find someone to fill my room. Which, once again, is not stated in my tenancy agreement.

There are other issues I have with the contract:

The agreement is dated "21st March 2005"
The Term is stated as "Six months from 26th March 2005"
The Payment is stated " Monthly in advance by standing order on 26th of each month with effect from 26th April 2005"

I moved in during October 2007 And have given the agency notice for April 2008 - either way I will have not broken any kind of "6 month" contract. No matter how wierd. Considering that this is all happening 2 1/2 years later I can't see how the tenancy is valid.
A number of names have been scribbled out with a new signatures written either side. This can't be professional.

Do the above dates matter? Is this tenancy agreement faulty?
I stupidly signed my name with the date of occupancy(07') on the contract. I was desperate to find somewhere to live. And now I'm kicking myself.

I also have no proof that my deposit is being held in a tenancy deposit scheme. I never filled in/ recieved any certificate, I have no contact forms etc. I have an invoice from the agency that states:

"One month rental to be held as security deposit against the above named property".

And the cheque was written to the Lettings Agency.

Obviously I have to ask the agency where my money is protected first, but the fact that I haven't signed anything or been given any details about a depository suggests this isn't right. And it's been well over the 14 days stated by government guidelines.

What do I do?

I'm going to leave at the end of this month anyway. I need to get out. She will probably send the two month notice letter to us. But the agent has written notice stating that I want to leave before she has written these two month notice letters and posted them. I handed them to her in person with a witness by my side.

Should I fight the payments for April and May and try and get back my deposit?
Should I pay for April and May and then fight for my deposit (I have a feeling it will be difficult to get it back)?
Should I leave this and walk away and let them use my deposit for May?

Any help and advice would be gratefully recieved. This issue has taken over my life
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Old 20th March 2008, 14:12   #2 (permalink)
hells_bells110
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Default Re: Problems with Lettings Agency and Tenancy Agreement! HELP!

I can't believe you have to pay for a room that was rented by another person, but best to speak to citizens advice.

Also I heard someone saying that if the landlord does not protect your deposit in a TDS they are liable to pay you 3 times the amount if they have not done so within 14 days.

Write to them and ask under which scheme your deposit is protected, refer to you letter dated /....../ in which you informed them youw ould be moving out and ask them to conduct a final inspection of your room etc to make sure you leave it in the condition you are supposed to and take photo's and get a checking out report signed by them and you to prove you are not leaving behind any damage.

You could tell them that if there is no damage you would expect to receive your deposit back in full.
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