end of tenancy/notice issues

[renter99]

Hi all. I am in the 10th month of my 6th 12-month assured shorthold tenancy agreement. For years I've been trying to get the estate agents to deal with some serious problems such as bad damp and mould in the bedroom, a boiler that constantly breaks down and a ceiling that leaks every time the people upstairs take a shower. It's always seemed like so much of a hassle and so cost-prohibitive with all the fees associated to move so I've just been lying to myself that one day they'll fix this stuff but I've really had enough. I can't imagine what the landlord would think if he knew how just how well these people were taking care of his property considering the fees they must be charging him. The only times the landlord upstairs has gotten the leak fixed (temporarily until the shoddy work breaks down and it starts leaking again) is because I personally chased down the upstairs landlord, the tenants and/or the contractor. The estate agents have done nothing apart from send an email or two. This has been an issue off and on for five years now (this time it has been leaking since August).

 

 

They are already asking me about renewing my agreement. I have put them off saying I don't know, but how's that discussion with the landlord upstairs about making my lounge not be a rainforest anymore coming along? I'm getting the usual routine -- we'll send out emails, feel free to contact us in a week if nothing's happened. There's a break clause that means I have to give two months' notice if I want to vacate. That time has just passed for two months from the end of the current agreement (late April). If I determine shortly (come on, bonus!) that I can swing the cost to move, what are my options about giving notice for a period just beyond the end of the agreement? For instance if my agreement ended April 25 and I told them on March 25, I want to move out on May 25 and would like our agreement to just default to a periodic one for that last month is that doable? I really don't want to sign any more long-term contracts with these people because it's not right that I'm paying all this rent and they are not keeping the flat liveable. I'm sure they're going to push back on anything other than a 12-month agreement because that might cause some uncomfortable conversations with the landlord about just what they've been doing with his money all this time. This is not a backalley "Joe's A1 Flats" agency but a big, well-respected firm. Baffling. Any help with what language I can use to negotiate this would be greatly appreciated, thank you.

[renter99]

Also the exact clause might be helpful. Other agents in past years have apparently interpreted this as only being applicable if either side wanted to end the agreement before 12 months, as they have come to me just a few days before the end of 12 months to ask if I wanted to renew in the past. I had always interpreted it that way as well and would have thought one month was sufficient just as a common courtesy, but I'm being told now that I have to give two months' notice even at the end of the agreement. If that's the law, I'm happy to oblige, just hard to know what it really is when they're so inconsistent.

 

 

"It is further agreed and understood that either party may give a minimum of two calendar months notice to the other party or to the Landlord`s agent to terminate the Tenancy Agreement provided that the tenancy may not be determined prior to the end of the sixth month of the Tenancy Agreement and without prejudice to the rights or liabilities of either party which may have accured [not my spelling] under any other clause in the Agreement."

[raydetinu]

point one; if you move out at the end of your contract on the last day then you don't have to give any notice at all ( end of contract term, that's it ); however it is normal and good to give LL some notice that you will be doing that so he can relet in time, but you don't have to.

point two; You don't have to renew contract and it will just roll over into a periodic tenancy; then the LL can either accept that and you just carry on as before or the LL can issue a section 21 notice of repossession, with two months notice starting at a rent period.

point three; If it does go periodic, you only have to give the LL one months notice again starting at a rent period. ( Housing Act ).

Is there a deposit? and has it been protected and you have been given the prescribed information?

[renter99]

Thank you for your reply, raydetinu. Yes, I have the details of the deposit scheme. I have saved every single email back and forth with them about the leak saga and taken pictures of the damage and the mould and damaged wall in the bedroom and plan to take loads of pictures after the end of tenancy cleaning.

 

 

I suspected as much about the notice and renewal and obviously couldn't ask them as they either don't understand how it works or were trying to be tricksy. But if I am able to just walk away with no notice at the end of the tenancy (which I wouldn't do), does that mean that they could also come to me the day before the end of the tenancy and say guess what you have to be out tomorrow? Or does the section 21 notice/2 months' notice apply at any time past 10 months in a 12-month agreement or during a periodic tenancy? It makes sense that they would have more obligation to give notice as it's the renter's home but it's hard to imagine something that actually gives the tenant the advantage. Sorry, I'm bitter and cranky now.

[raydetinu]

Yes the LL has to give you two months notice.

Regarding repairs, this may help.

http://england.shelter.org.uk/__data/assets/pdf_file/0019/23392/ShelterGuide_GettingRepairsDone.pdf

[renter99]

Thanks so much.