Did our agency manipulate us to extend tenancy?

[dartus]

Hello everyone,

 

I was hoping you could advise me on what to do regarding the situation I'm about to describe. It's a bit long, much has happened… I'll try and be as concise as possible.

 

Me and two others, a girl who I had known for about a year and a guy, her recently acquired boyfriend of 2 months, rented a 2 bedroom flat from a big nation wide estate agent on the 21st of March 2011 on a 12 month contract requiring a 2 months notice period to be given after the initial 6 months of tenancy.

 

7 days after paying the holding deposit we had to complete the payment of £3,160 (1 months rent in advance = £1300, 5 weeks damage deposit = £1500, 1 weeks rent administration fee + vat @ 20% = £300 + £60).

 

After a couple of months the situation between said couple became unbearable as they were fighting on a daily basis and I would find myself dealing with it after the girl had left the scene as she usually did. The guy had a predisposition for alcohol and aggressive behaviour, I had to prevent him from breaking things and attacking people on a couple of occasions by that point.

 

In the beginning of July they had decided they were splitting up so we all agreed they were going to advertise their room and find someone willing to take it and be part of the contract as by agency rules. In the end of july I was informed they were back together and were no longer leaving.

 

By this time all attempts at conversation with this person were ending up in threats towards me, my partner and friends of mine. I found myself spending most of my time away from the property and fearing to go back. I was the element that had been calming situations down, that kept some sort of "order" in the house mainly because I had nothing to do with it, didn't want to be involved and quite quickly I became the main focus of his anger.

 

I decided I'd try to find someone willing to take my room, told them about my intentions and at the time everything was agreed upon. By 22nd of August I had found 5 people that could and wanted to take my place in the contract so I informed the couple that I was showing it in the following days. I was told I had no right to do so and that I should wait for a friend of theirs that was moving to London who was willing to take my room. I was given no confirmation as to when this was happening and all I knew was that he was coming from abroad and was unemployed, failing to meet the agency's requirements. When I mentioned this fact the conversation which was already very loud from his side turned into threats once more.

 

I received a phone call on the 31st of August from my flatmate who, again in a very aggressive manner, told me that I had to stop by the property to collect my belongings before midnight the following day or he would bin them. I moved my belongings from the property the following afternoon accompanied by a police officer. iPod touch was missing. He called me up later that night and told me that if I didn’t go to the property that same night to give him the key he would show up at my partner’s workplace and cause chaos and that he would, and I quote, ‘make ****ing you over my only life-goal’. This would have a very negative impact on my partner's life, I had no alternative but to leave the keys in a nearby pub late that night for him to pick up.

 

I had been in contact with our agency's disputes department seeking advice on what I should do and was told two things:

- To be able to give them my notice everyone who was a part of the contract would have to be in agreement.

- They couldn't give me the contact details of our landlord. If I wanted to contact him I had to write a letter, email it to them and wait 6 weeks for the landlord's feedback.

 

A letter was written explaining the situation up to this point and sent to them on the 2nd of September.

 

I was contacted again by the agency on the 13th of October who informed me that my flatmate had been given a 2 months notice to vacate the property due to recent events and that october's rent was still to be paid. They still had no feedback from the landlord and I couldn't give them my notice since my flatmates where not in agreement.

 

Called the girl up to know what was happening and it turns out that during the time I was away he had assaulted her with a metal lamp, destroyed her belongings (cut her clothes, smashed all electronics inc. phone, stole her purse/oyster) and kicked two of the property's doors leaving them with see-thru holes. He was arrested that same day for domestic violence and has a restraining order preventing him from coming close to the property and her until he goes to court in February.

 

I paid the rent for October and moved back into my room that same day, 13/10/2011.

 

While I was being told by the agency person I was speaking that I couldn't give them my notice because they needed all my flatmates to consent, my female flatmate was told she could, she sent them a notice email on the 3rd of October and they replied confirming and stating that because of damages made to the property (2 cardboard doors, £40 from wickes) the landlord had decided to keep the full amount of the deposit (£1500).

 

So my question for you is actually related to the agency's role in this whole situation since I believe they have used the situation and mis-informed us with the intent of postponing the reception of our tenancy termination notice, consequently extending our stay.

 

1) Ignoring / not acting on a notice submitted by one of the tenants

 

When I called them up on the 18th of December to confirm our leaving date I was again told that we all had to be in agreement. I brought up what they had told me regarding my flatmate having been given a 2 months notice to vacate the property (more than 2 months before) and only then was I told I would have to send another notice and that our earliest leaving date would be the 20th of February.

 

2) Giving out misleading information regarding the termination of our joint tenancy

 

According to what I've been reading on threads in this forum, the termination of a periodic joint tenancy is determinable by a notice given by one of the joint tenants even if this is against the other tenant's wishes. Until the 18th of December I was told by the agency that only when all tenants are in agreement can a termination notice be given.

 

If this is correct I could have given them my notice before the 20th of September and have had our tenancy terminated on the 20th of October?

 

3) Denying a request for landlord details

 

Section 1 of the Landlord and Tenant Act 1985

21 days.

Is this right?

 

What do you think the best course of action would be from this point onwards?

[Steve__M]

As you are within the fixed term of a 12 month contract till March, your rights to terminate are dependent on the wording of the break clause.

 

In other words, if the break clause says, or implies, that you all have to agree then that is what applies. If it says "The tenants" can give notice etc. then reference to the tenants implies *all* the tenants I think.

 

I expect that most break clauses would normally require agreement of all parties as otherwise the situation can get complex as one person can break a fixed contract for many meaning that the fixed term is no longer "assured". Iamnotalawyer though.

 

The situation is different at the end of the fixed term, or if the tenancy is periodic.

[dartus]

This is what is on the contract:

 

1 - Term of Tenancy

 

The landlord lets to the tenant the Premisses for a period of 12 months. The tenancy shall start on and include the 21 March 2011 and shall end on and include the 20 March 2012 but subject to clause 27.2

 

27.2 - Break Clause

 

Either the Landlord or the tenant shall have the right to terminate the tenancy, by giving not less than 2 months notice in writing to that effect, not to be served before the initial 6 months of the term have expired (a minimum term of 8 months) and upon the expiration of such notice this agreement and everything herein contained shall cease and be void never less to the right of the parties in respect of antecedent breach of any of the covenants herein contained. The period of notice must expire at the end of a period being on the 21st of a month.

 

If we are all independently liable for the total of any due rent or damages done to the property wouldn't it make sense that we could also submit our notice independently, even if on a fixed term contract and not a periodic tenancy since our liability does not change?

[R J Dearden]

I am presuming that there is one tenancy agreement for all named parties stating that all tenants are jointly and severally liable rather than individual tenancy agreements for each tenant?

[dartus]

That's correct, we were given a single tenancy agreement where "The Tenant" is defined as the three people.

[R J Dearden]

OK - is there a section in the tenancy agreement which relates to how notices or correspondence should be served by the tenant to the landlord/agency? If so, whether these notices/correspondence should be done jointly or whether one tenant's signature is sufficiently binding for all of the named tenants.

[dartus]

There is no mention of how these notices should be done regarding being done jointly or independently. I will post the relevant section of the contract when I leave work later today.

[dartus]

I just confirmed that there is no mention to notices having to be done either jointly or independently in the notices section.

 

I did find the following in the Definitions and Interpretation Section:

 

33.2 - "Tenant" includes anyone entitled to possession of the Premisses under this Agreement.

33.3 - "Joint and several" means that when more than one person comprise the Tenant, they will each be responsible for complying with the Tenant's obligations under this Agreement both individually and together. The Landlord may seek to enforce these obligations under this Agreement both individually and together. The Landlord may seek to enforce these obligations and claim damages against one or more of those individuals. It also means that the Guarantor will be liable with the Tenant to pay all rent and any debt arising from any breach of the Tenancy until all debt is paid in full.

 

Note the usage of anyone and not everyone.

 

And again the very important break clause:

 

27.2 - Break Clause

Either the Landlord or the tenant (anyone entitled to possession of the Premisses under this Agreement) shall have the right to terminate the tenancy, by giving not less than 2 months notice in writing to that effect, not to be served before the initial 6 months of the term have expired (a minimum term of 8 months) and upon the expiration of such notice this agreement and everything herein contained shall cease and be void never less to the right of the parties in respect of antecedent breach of any of the covenants herein contained. The period of notice must expire at the end of a period being on the 21st of a month.

 

Is this correct?

 

If so I don't understand how they didn't act upon the notice they received on the 3rd of October.

 

Any suggestions as to what we should do now?

 

We still haven't paid this months rent, it was due on the 2nd (In june we asked for a change of payment date because we were all being paid close to the end of the month so they made us pay for another 10 days which they would return when we left).

Edited January 6, 2012 by dartus

[mariner51]

My understanding

A 12 month fixed term was established on 21 Mar 11 with Ts joint & severally liable, with a break clause after 6 months

All occupants (Ts) must agree to issue of break clause notice service at rel time At which point T is not terminated but a SPT is created. Then any idividual can terminate the joint T with due Notice, without ref to other Ts

Any inter T squabbles are of no concern to LL/LA, they should act acc to Law for Notices properly served

[Steve__M]

dartus, I think you are wrong in your interpretation of:

 

33.2 - "Tenant" includes anyone entitled to possession of the Premisses under this Agreement.

 

The point is that Tenant includes anyone. It does not mean that the actions of anyone are the actions of the whole "tenant".

 

I've heard a rule before that states that all tenants must agree to breaking the tenancy with a break clause, but once the fixed term is over any tenant can terminate the subsequent periodic tenancy.