Hi, In Sept 2010, we signed an extension 12 month contract, with a 6 month break clause, for our flat rented through a local estate agents. This is now the 3rd year we have spent in the property. When we signed the new contract in September, we had an agreed list of maintenance which needed to be done, and our LL agreed to have this work done (evidence in emails from estate agents) This included work to fix a broken washing machine, a knackered mattress, and an equally worn out sofa. There is still no sign of most of this work being done, and given our landlords reluctance to do any maintenance on the property over the past few years, I doubt this will be done at any stage in the future. We are now looking to move out of the flat, and activate our 6 month break clause. This would mean giving notice early Feb, and moving out early March. However – we are moving to a new place in January, so for us, it would be better to vacate the property early Feb – thus giving notice early Jan, which is 1 month early. Now – we would like to approach our LL, and ask for us to break the contract 1 month early. I would like to go through the estate agent, and say something along the lines of we would like to leave 1 month early, we can give notice now (well ahead of when we need to legally give notice) - given the maintenance agreed has not been done, we hope the LL will meet us part way. Also – are we within our rights to make stop any viewings of the property before we move out? We do not want anyone in our flat without us being present – so I am thinking of suggesting to the estate agent that if we can move out 1 month early, then in Jan we can support any viewings – however if we are not able to break early, then we will not allow anyone to view the property until we have fully moved out (1/2 days before the actual end of the contract in March.) Any hints / tips / guidance welcomed – we feel quite strongly that we have been good tenants, but that our LL has been rubbish when it comes to maintenance, and the least she can do is try to meet us part way and let us leave the place early. Thanks.

Rent is less than £25,000 a year. Thanks for explaining the notice period - its good to know we have at least 2 months, in the event the LL wants us to leave. We have explained our situation to the agents (they seem ok, but I think keen to make money from us) and they are discussing with the LL, and will get back to us tomorrow. If I dont get a satisfactory response, I will contact the LL directly and explain. One more question - if the LL agrees to a monthly contract, are the estate agents allowed to charge their fee (which is about £50) to draw up a contract? Or would we even have a new contract if we move onto a monthly one, as I thought this was the default at the end of a 12 month tenancy. Thanks for your help, I will let you know how I get on.

Hi We have been renting a property for nearly 2 years, we are now around 3 weeks from the end of our second 12 month contract (it runs Sept - Sept.) Our circumstances with work are likely to change in the next 6 months, which means we will need to relocate - but we are not sure when. We expect to be likely to move between March - July 2011. We have received a letter from our estate agent (not landlord) requesting us to sign up to another 12 month contract (with 6 month break clause), or to take the letter as 1 month notice. We would like to stay in the property on a month by month basis, until the time we can confirm our plans - we can give the LL 1 months notice (even though the letter was received 3 weeks before the end of contract...) We have not been served with an S21. Are we right to approach the estate agent and reject the 12 month extension, and instead request to move to a "rolling" month to month contract? We can tell the LL that we might be moving between March - July next year, but we cannot commit right now - and nor can we commit to a 12 month contract. Any advice very welcome please - we dont want to end up paying double the rent, in case we end up moving (paying on 2 places for several months by signing up for another 12 months) and likewise we dont want to move - as we have been good tenants for the past 2 years! Even the 6 month break clause is not a great option, because we might move in June / july next year, again meaning paying double the rent for several months. Thanks for any guidance. Chris.

Thanks for the responses. I have been doing more research around this, and the company involved. The company is not bankrupt yet, they are still an active trading company. I have a few questions which I hope someone can help me with : 1. The money is held by the estate agent, and not the landlord. They mislead both the landlord and me (tenant) in stating the money was held in a TDS. Given this, is it still the landlord I should be taking to the small claims court, or the estate agents? 2. If the answer to (1) is the estate agents, then should I be claiming against the estate agents or a director of the estate agents. I ask because the company is a small local firm, with two directors - one of whom we were dealing with. Would I have more success against the company or the director? 3. Is there any reason why I can't claim against the estate agents in the first instance (or the director) - and if this is not a success (because they are bankrupt) then claim against the landlord? Any advice welcome, thanks. Chris.

I moved out of a property 8 weeks ago, and was due to receive £1000 deposit back from my estate agents. It turns out, that despite phone calls from him promising the deposit has been paid, the estate agents has now gone bust, and they are not contactable any more. Looking at my contract, it states that my money was protected by a "tenancy deposit scheme" but does not give any further details. I have contacted all 3 agencies who hold deposits, and none of them have any record of me, the property, or the estate agent. My basic question is - what should I do next? Any helpful advice welcomed, I am worried about not getting my money back. Thanks.