Help needed urgently about 6 month ast and being held to two months notice

[missal]

Hi,

 

I desperately need some advice.

 

14th april this year i took out a 6 month ast with the intention of long term tenancy, anyway to cut a long story short i asked the LL for a reduction in rent due to similar properties going for less and bigger ones about the same, he said no, fair enough. I decided i would find somewhere else. Agent must've been on the phone to the LL straight away as my notice turned up on my door two days later (two months)

 

I've found somewhere else £200 per month cheaper which will help massively as i have four children. I rang the agent to let them know ill be moving out at the end of the tenancy, they said i would have to give one months notice and then went to check calendar and revised it to two months as i had missed the 14th.

 

I went into the office as i didnt have a copy of the agreement (they did not send me one) and the manager pointed out in the agreement that i have signed to a 6 month ast automatically going onto periodic and one months notice needed. (i am told that this is unlawful under the housng act?)

 

After letting the new agent know (one of the oldest in the town i live in) he told me that this is not allowed and that i CAN move out at the end of the tenancy with out so much as a call to say was doing so (but i am courteous!)

 

I just wonder where i stand now?

 

also whilst all of this is going on i have found out that they are holding my bond still instead of placing with dps as stated in their contract, what do i do.

 

I feel totally let down by them as i had no intention of making this a hasty move but if this is how they can treat me with four children in tow, they deserve everything they get.

 

ps they are a relatively new agent in the town.

 

i really apreciate any advice, thank you.

 

Missal

[MrShed]

You can leave at the end of the tenancy, regardless of what they say.

[missal]

Thank you so much you have confirmed what my new much more experienced agent has told me.

 

Only thing is they seem to have put a clause in the contract that states have to give notice (one month) even at the end of my ast as I am contracted to go straight into periodic tenancy unless i give that months notice??? Have they just used the housing act and made up their own rules around it?

 

Can you suggest anything i could say to them to let them know they are wrong? at the moment they are holding me to their contract as that's what it says

 

Thanks again

 

amanda

[MrShed]

What I would say to them is that the contract as it stands overrides your STATUTORY right to leave at the end of the tenancy without notice. Clauses such as this are considered unlawful and therefore null and void, as contractual obligations cannot override statutory rights. Moreover, the courts have shown time and again that they will uphold this. Therefore, you are leaving at the end of the tenancy, as per your right to do so. If they disagree, suggest that they take you to court. Moreover, you expect the return of the deposit IN FULL on the last day of the tenancy - as they have not held the deposit in a tenancy scheme, should you sue them you would win a total of 4 x the deposit back due to the Housing Act 2004, but in any event they are not entitled to withhold any of the deposit due to failure to comply with this act. Either they return in full on the last day, or you sue for the full compensation entitled to you by law.

[missal]

I will definately be following your advice with regard to the end of the tenancy but am going to have my solicitor write a letter to the lettings agent to confirm this.

 

My only concern now is that i have been in touch with the government department who deal with the housing act and they are asking me whats in my contract and that i should follow this?? she seemed a little bit like she wasn't too sure and just kept going on about it i 'should' give notice. Completely ignoring the fact that i have been in touch with the lettings agent (since before the months notice needed to be in) about moving. it was their actions that have lead me down this route! this date has now passed which puts me in a womewhat dufficult position as i don't want to be charged two more months rent!!

 

Do i understand correctly that i should be asking my solicitor to look at my agreement as the clauses they have included (akthough i have signed) are unlawful under the housing act?

 

Thanks

Amanda

[MrShed]

The clauses ARE unlawful, regardless of what anyone says, if they attempt to override your rights as laid down in statute law.

 

I would also advise(although ultimately it is a personal choice) that you do not use a solicitor for this - not required, and will cost you more that way.

[missal]

I have contacted the landlord direct about this and they didnt have a clue about the deposit situation, nor did they know what to say about the contract, they said they will speak to the agent and see what they say - whatever that means (well i know what it means, it means that they will feed tha landlord a load of rubbish - that they are right etc and the landlord who might i add i see at school everyday as our children are in the same classes, will think that i am being dodgy). WHere can i direct the agent and the landlord for the correct advice? without causing any upset to anyone.

 

the end of the tenancy is getting ever closer and although i know where i stand, i dont feel as though they do

 

thanks

 

amanda

[MrShed]

Why bother guiding them to advice? Just leave at the end of the tenancy - their loss if they then sue and get laughed out of court quite frankly.