Greedy agents won't let us move out

[99point99]

Any property rental gurus with advice would be most welcome.

 

We (my partner and I along with my 6 year old) rent a managed property through Ellisons and 4 months into our 1 year contract extension (our 2nd extension) they served us a 2 month Section 21 Notice requiring possession dated 4 April.Exacyly 6 months into the extension. The effective notice is 8 June. Our monthly rental due date is the 27th every month.

 

A few days after the notice was served I told them that we would prefer a moving out date in accordance with our rental which is the 27th May as it would cause complications for us otherwise. They refused. Then I requested the first weekend after the 27th to do our move - the weekend of the 1/2nd (to check out on Monday 3rd of June as they dont work weekends)...and they said they would contact the landlord and get back to me if he was prepared to let us leave early.

 

7 weeks passed and I heard nothing until the Friday of the weekend I was to move. I organised my moving schedule and email the agency the friday before the move that I was moving out the pre-arranged weekend and would be at the check out on Monday the 3rd. They then informed me that I could not check out until the 8th and that i would need to pay extra rent to cover 3 - 8 June, plus any council tax and other utilities. Even though I have cancelled my bills already!

 

i am a bit peeved as I am now sitting in my new place after having moved and having to continue to pay Ellisons rent even though I told them I was moving 7 weeks ago, and also wasted my afternoon today as I intended to check out today and they told me they werent going through with it . Now I have to schedule MORE time off work to check out on the 8th - which is 2 months and 5 days after I was served my notice requiring possession. I am also now likely to lose hundreds of pounds in extra rent and bills and a full day of work (I am a highly paid contractor and stand to lose £300 because of this). Anyone know what I can do to even the score?

 

I told them I was not happy having to wait 7 weeks for a response to whether the landlord would allow me to move out on the 3rd (which as it happens is exactly 2 months after the notice was served and would have worked out fairly for me). I believe that their bespoke notice of the 8th is unfair because it's mid-month and not our rental day, and there are no decent rental properties available on at that time of the month either.

To top matters we now have to wait an extra week or so for our deposit (minus the extra £250 in rent and other deductions I am sure)- and I just know they will try and shaft us even though we have looked after the property and cleaned it to a higher standard than it was when we moved in.

Please help.

[Conniff]

So you have a contract but it's being ended early by the LL ??

[Steve__M]

Essentially, they are entitled to give any notice they like as long as it fits with the contract and the law. Assuming 8th June was a legitimate date they have not done wrong (If notice is issued *during* the fixed term to end tenancy after the end of the fixed term then it has to be at least 2 months notice, but it does not have to end the tenancy on a rent day).

 

By the sounds of it they were using a break clause. Is that correct?

 

It's possible that you could have done more at the time notice was issued or before you moved out.

 

Unfortunately it sounds like it is too late to do much now other than ensure your inventory is in order, that you have perhaps taken photos of the property and that you badger them to release your deposit. Recently my BinLaw had to wait 30 days to receive his (full) deposit back from Bradleys in Torbay so don't hold your breath.

[99point99]

Yes, they had a break clause that the landlord could give 2 months notice - and according to the law you can't give notice before 4 months have passed and they made me pay £120 for the extension then greedily waited almost 4 months to the day before giving me the weird notice date which suits me not one bit and will cost me loads - probably on purpose I imagine!

[Steve__M]

Yes, they had a break clause that the landlord could give 2 months notice - and according to the law you can't give notice before 4 months have passed and they made me pay £120 for the extension then greedily waited almost 4 months to the day before giving me the weird notice date which suits me not one bit and will cost me loads - probably on purpose I imagine!

 

I suppose the wider lesson is that while in the first year of a contract a 6 month break clause is a good idea (because you might decide the place is not for you) in the second year, a break clause may be of much less benefit to you and more benefit to the landlord.

 

e.g. if you'd refused to sign the new contract and pay the fee, the chances are the landlord would not have insisted on immediate eviction as he is probably being charged by the agent for renewal as well. So you were in a strong position to argue that the break clause was removed or the fee reduced.

[99point99]

SURELY if we have requested a move out date of 2 months to the day then they should honour that rather than expect us to move on exactly the date that suits them - which is unsuitable for us, which is an oddly shaped 2 months and 5 days...?

[raydetinu]

how is the break clause worded exactly?

what date did the contract start?

make sure you claim your deposit back direct from the scheme, and let the LL apply for any deductions. he cannot deduct rent owed from this.

[99point99]

Hi Raydetinu -

The contract is as follows and started on the 27 November 2012 (it was a one year extension) - notice under section 21 was received via telephone on Friday 3 April...the next day Saturday 4 April the notice arrived hand delivered for repossesion on Saturday 8 June.

 

Last page of the 16 page tenancy agreement - the only page that mentions notice to move.

 

SPECIAL TENANCY CONDITIONS

1. The Tenant agree that the Landlord has the right to terminate the Tenancy by giving the Tenant not less than 2 month' notice in writing by serving a Notice under section 21 of the Housing Act 1988 on the Tenant to be sent by first class post or hand delivery to the address of the Premises to end the Agreement.

2. The Landlord agrees that the Tenant has the right to terminate the Tenancy by giving the Landlord not less than two months' notice in writing to be sent by first class post or hand delivered to the address specified in clause 35.1 of this agreement, to end the Agreement.

3......8.

[raydetinu]

yes you could have responded and served your own notice for an earlier date, but that would have to give two clear months notice, say to 3rd June.

they have done nothing wrong as I see it, they have just given you a little more than the minimum notice.

It is unfortunate that you could not negotiate your earlier date, as in fact you could have not co operated and stayed for quite a bit longer and there would be nothing they could of done about it ( a court order would taken a few months )

Idealy the repossession date should be weekday, so check out can be done.

[Steve__M]

I think that this should be a warning to anyone whose agent asks them to pay £120 for a 1 year "extension".

 

Read the small print. What are you really getting. Once four months of the "extension" were up, your rights were far weaker than they would have been if you had not signed. If you had not signed you would have been entitled to give just one rental month's notice.

 

Unfortunately it is too late for 99point99 - sorry.

[raydetinu]

Steve-99point99?

[Steve__M]

Steve-99point99?

 

"99point99" is the name of the original poster not the percentage of people it affects

[raydetinu]

Oh yeah, sorry!