There is no loophole. You did not give them formal notice in writing. They can claim to have interpreted her email in anyway they like but the reality is, you did not give your notice in.
thoughts on this situation:landlords/renting
- Thread starter Eliot
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There is no loophole. You did not give them formal notice in writing. They can claim to have interpreted her email in anyway they like but the reality is, you did not give your notice in.
They can say what they want, you've not given them notice they've not given you notice. Onus is on them to get the ball rolling if they want you out... Either negotiate the rent or get a new flat - you've got at least two months to find somewhere else.
Sorry I remember bringing that up and he mentioned some clause in something I signed three years ago ( which I will check later)
But the jist of what he said was
"you have signed a document saying that when the contract is up we have access to the property regardless"
I didn't really get it but will go through all of that when I get home as I have all of the docs in a folder. I think this was what he was saying would enable him to say the flat is free from the 1st of October even if he hasn't given us notice, along with the "fact" we have "given notice"
But the jist of what he said was
"you have signed a document saying that when the contract is up we have access to the property regardless"
I didn't really get it but will go through all of that when I get home as I have all of the docs in a folder. I think this was what he was saying would enable him to say the flat is free from the 1st of October even if he hasn't given us notice, along with the "fact" we have "given notice"
Surely he needs official notice of your intent to end your agreement? Just enquiring about other properties doesn't mean you've given notice.
When does your agreement actually end? I thought i'd read October 1st but i don't think this has been confirmed? If this is the case, then i'm not sure what choice you have. I don't think you can just continue on the agreement without the letting agency approval.
So you are saying email isn't valid as a from of writing correct?
LOL.
dont be gullible! you do not have to renew the fixed term tenancy, there is no requirement to do so. just ignore it when it arrives, continue to pay rent in the same way and it will go into a period tenancy. if they want you out then they will have to serve you two months notice and will take them 3-4months and lots of hassle.
*check they didnt issue you with a section 21 at the same time you got the previous tenancy agreements, some are sly and will do that so they can apply to court straight away.
really though these letting agents are scum, as you found out, just dont let them bend you over. play them.
dont be gullible! you do not have to renew the fixed term tenancy, there is no requirement to do so. just ignore it when it arrives, continue to pay rent in the same way and it will go into a period tenancy. if they want you out then they will have to serve you two months notice and will take them 3-4months and lots of hassle.
*check they didnt issue you with a section 21 at the same time you got the previous tenancy agreements, some are sly and will do that so they can apply to court straight away.
really though these letting agents are scum, as you found out, just dont let them bend you over. play them.
Yes October 1st
Ah yes, section 21.... That's what he mentioned. (and what I was talking about, about 4 posts up)
Bugger, I'll check when I get back
They have to serve you a section 21 notice at least two months before taking posession of the property. If you haven't received such a notice at any point then it's just a plain lie. However it's possible they could have served it at the start of the tenancy without you 'noticing'
https://www.tenancyagreementservice.co.uk/section-21-notice-to-quit
edit: a lot happened in 3 minutes
I will repeat this for you one more time....they cannot forcefully remove you.
That is the courts job and the courts will look at all the facts.
You do have time so dont worry.
These are just mind games they are playing with you.
That is the courts job and the courts will look at all the facts.
You do have time so dont worry.
These are just mind games they are playing with you.
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But they still have to give you two months notice. If they wanted you out on the 1st Oct at tenancy end, they should have served you notice in writing on August the 1st.
They'd still have to take legal action... they can't just turn up on Oct 1st nd demand you get out... you've got time to find a new place.
They are trying to play hard ball tactics in the hope you will just succumb. Don't let them do it. Unless you have a written letter in your hand sent via a recorded means giving you 2 months notice from the end of your fixed term tenancy (or they have a letter from you also via a recorded means stating 1 months notice from the end of your tenancy agreement) then this is all a non-starter.
Have you asked about which scheme your deposit is in yet?
Might be worth it if you have no details.
I would start by getting home tonight and getting all your documents in order. How long was the original tenancy agreement for?
Might be worth it if you have no details.
I would start by getting home tonight and getting all your documents in order. How long was the original tenancy agreement for?
Deposit SCHEME details?
A one year annual renewal contract? What happened in 2012/2013?
Soldato
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And have you signed a new contract for 12 months in Oct 2012 and 2013?
Yes read up on your contract and see if it comes with a section 21 notice, there are certain criteria that have to be met when giving a section 21 with a contract, go on Moneysavingexpert.com to get more info on this as I am not 100% on what those criteria are. But a section 21 notice must have been served with your 2013 contract renewal I believe to make it valid for you having to be out by OCT 2014, again check MSE for all the details.
Were you given all the Prescribed Information within 30 days of you handing over your deposit? This will give all the details of where they have logged your deposit etc. If this wasn't given then you can take them to court for upto 3x your deposit, you can even use this as a stick to beat the stupid agents with
Oh and just to the person that asked if the agency was part of some governing body then this is not a requirement for Estate/Letting Agents, I could setup tomorrow as a Letting agent with no prior knowledge, hence why it is such a mine field when renting. The best thing you can do as a tenant is get on MSE and read up on all the rules etc when renting, it is quite eye opening what teneants and LL/Letting agents don't know.
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can be two months from the letter - albeit not before the end of the tenancy - i.e they can serve it two months before the end of the tenancy to get it to end at that point... they could even serve it at the start. If the OP has been served a section 21 notice then he doesn't have as much time though the agency still needs to take action to get him out
Our experience as a (new) landlord is that agents are useless, and even from another country we would be a damned sight better off having not engaged them in the first place.
My experience as a tenant was that agents are useless.
My experience as a tenant was that agents are useless.