Ending a tenancy agreement

if lysander is right then you dont need to do anything, but if you did tell them it should always be in writing
 
4.2 This Agreement may be terminated by either party giving to the other at least two months notice in writing any time after the first four months of the tenancy such notice not to expire until after six months from the Commencement Date of this agreement as specified in caluse two above

Right, that's a six month mutual break, common in lower end leases. Pretty self-explanatory. Nothing to do with the term as such, which is also self-explanatory.

sadly not in writing though

That's a bit of a snag and bad form on your part, however, it doesn't sound the death knell in this instance. It's standard for them to send another lease through. The lease terminates anyway regardless of the break. They may threaten to take you to court but they won't because they know they'd lose anyway. The landlord has his guaranteed six months minimum.

One question, who has your deposit and is it held as a stakeholder or in the TDS?
 
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Right, that's a six month mutual break, common in lower end leases. Pretty self-explanatory. Nothing to do with the term as such, which is also self-explanatory.



That's a bit of a snag and bad form on your part, however, it doesn't sound the death knell in this instance. It's standard for them to send another lease through. The lease terminates anyway regardless of the break. They may threaten to take you to court but they won't because they know they'd lose anyway.

One question, who has your deposit and is it held as a stakeholder or in the TDS?

"6.2 The deposit is held by The Landlord's Agent as Stakeholder. The Lanfdlord's Agent is a member of the Tenancy Deposit Scheme."

So you're suggesting that regardless, we should be fine for the end of the contract to actually be the end? obviously the contract is a lot more than these few parts, but as we signed for April-April, we're not likely to be forced into any extended periods of tenancy?

obviously I need to get something in writing about this and have a word with the letting agency, I just need to know whether I need to write up a "will be vacating on <2 months time>" letter and be stuck with that as the end date, or to just wave the agreement at them as I ride off to a better life :p
 
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They can't force you to sign another contract. It is unfortunate you didn't tell them in writing and it sounds like they're trying to squeeze you for that other two months because it was verbal.

Write to them and tell them the date you're leaving and that the end of March payment was the final one. They may come back with some rubbish about the fact that 'under the terms of the lease' you owe another two months, but you don't and they know it. Agents will try this on at times because they know a lot of tenants have no clue about tenancy law. Unless there's another clause somewhere in the lease which we're omitting to take notice of you can just go. Anyway, I should go now too, good luck with it.

Also, if the agent holds the deposit as stakeholder that means you and the agent must agree in writing before any deductions are made, remember that. They may try to tell you what they're deducting. You must stress that they are stakeholders and need your permission to do so. 'Stakeholder' is a very powerful word when it comes to deposits.
 
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which agency you with btw?

Haart, they're pretty damn usueless, when we moved in there were doors orr hinges, the place was a disgusting state, and any time you wanted to talk to them, they wouldn't have you in the shop, you had to contact the head office, they don't deal with anything in the shops :/

aftera month or four and an initial inspection when someone came round and saw the doors off hinges and generally broken, they sent people round to "fix" them, my bedroom door was lifted back onto it's hinges, with the aid of a bit of cardboard wedged between the hinge and the frame, the cupboard outside (for gas meter etc) wouldn't close as it had bent off it's hinges, split along the joists holding the planks in place, they screwed the hinges back into place, but didn't align the lock so it couldn't actually be locked shut, since then it's been held closed by a screw wedged in between the door and the frame :/

They can't force you to sign another contract. It is unfortunate you didn't tell them in writing and it sounds like they're trying to squeeze you for that other two months because it was verbal.

Write to them and tell them the date you're leaving and that the end of March payment was the final one. They may come back with some rubbish about the fact that 'under the terms of the lease' you owe another two months, but you don't and they know it. Agents will try this on at times because they know a lot of tenants have no clue about tenancy law. Unless there's another clause somewhere in the lease which we're omitting to take notice of you can just go. Anyway, I should go now too, good luck with it.

Also, if the agent holds the deposit as stakeholder that means you and the agent must agree in writing before any deductions are made, remember that. They may try to tell you what they're deducting. You must stress that they are stakeholders and need your permission to do so. 'Stakeholder' is a very powerful word when it comes to deposits.

ok, that's fantastic news, thanks so very much for the help, I shall write a letter, get my brother (also my housemate) to sign it with me, stating that the tenancy will be ending at the end of april as stated in the contract, and that the last lot of rent was infact, the last lot of rent :) makes me feel a little less stressed and less likely to have another breakdown from living here :)
 
Make sure you have photographic evidence of everything before leaving... they will try to shaft you out of as much of the deposit as possible.
 
Make sure you have photographic evidence of everything before leaving... they will try to shaft you out of as much of the deposit as possible.

did that on the day we moved in, the guy they sent round to perform the inventory audit took loads of pics too, and was pretty fair about everything being a state, he was part of an independant auditing service so as not to be biased
 
Also, if the agent holds the deposit as stakeholder that means you and the agent must agree in writing before any deductions are made, remember that. They may try to tell you what they're deducting. You must stress that they are stakeholders and need your permission to do so. 'Stakeholder' is a very powerful word when it comes to deposits.

Firstly the deposit MUST BE held in one of the the 3 deposit schemes. That wording in the contract sounds a little iffy to be quite frank. The deposit HAS to be registered with one of the schemes, whether insurance based or the other one.

If it isn't then they are in the **** and you should have no problems getting it all back. Also these schemes favour the tennant massively, collate teh pictures and be prepared to fight them. Ignore their threats as I'm sure they will try this and that. Unless you have actually caused damage etc most things are covered by fair wear and tear. I got everything back from my last place through arbitration, even the checkout inspection costs as they lied and never did one etc etc.
 
4.2 This Agreement may be terminated by either party giving to the other at least two months notice in writing any time after the first four months of the tenancy such notice not to expire until after six months from the Commencement Date of this agreement as specified in caluse two above

And that's basically word for word, I couldn't see anywhere in there that talks about renewing the agreement,

You quoted the relevant part.

The date is not an end date, it is simply the earliest date you can get out of the contract. Been loads of threads recently on this. I don't get why people think tennacys are a fixed date. They are only a fixed date if it says in the contract.
 
its normally tentants give a month and landlord 2 months motice.

imo your stuffed though, in all the flats I;ve rented, I sign up for 6 then its a rolling contact there after.
 
All the flats I have rented (3 in cardiff [2 letting agencies] and 1 in kent) have had the tenancy stopped on the date said... Cant look at the contract until I get home but there was none of this 1/2 month malarky....
 
that 2 month thing is only if you're ending it before the date.
don't let them try it on.
 
Be thankful it is only a 2 month period, here in Switzerland 6 months or 12 months are the common minimum notice. If you find someone else to take over the apartment who the agency agrees with, then you can get away with 2-3 months.
 
You'd do pretty well to always avoid any form of overlap between properties! Its a bummer to pay a mortgage/rental on two properties at once but it happens to us all from time to time. Not signing tenancy agreements with large notice periods is one way to mitigate this, the OP was the one who took the agreement though.
 
What is the point in an end date of the lease then? It appears this has already been covered but surely this is your biggest argument?

this is exactly it, the agreement states that 29th april is "The Expiration Date", there is nothing in there that says about what happens when the contract is ending.

The part about giving two months notice, seems to only be there to guarantee that they get at least 6 months rent out of us, we can't give notice that we're leaving within the first four months, and any notice we give, the execution date of it, cannot be within the first six months.

I've just been flicking throug the paperwork again, and discovered that there's two copies of the same sheet with different details on them, one says the tenancy is from the 30/4/09 to 29/4/10 while the other says it's from 29/4/09 to 28/4/10. the photocopy of the one signed by the landlord states 30/4/09 to 29/4/10, so effectively we have 3 copies of the same sheet :/
 
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