Renting advice

ARION

ARION

ARION

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I have been having a few issues with the house I am currently renting at the moment and would like some advice if possible.

I am in a six month assured tenancy contract and have been here for two months. I have asked the estate agent/landlord if I may leave earlier due to mine and my partners circumstances changing as well as various issues with the house.

They have replied saying they will find another tenant so we can move out. Then came a few unreasonable (in my opinion) communications. They want us to have the house professionally cleaned and the carpets shampooed. We have lived here for 2 months, we are very tidy and hygienic people and the house is exactly how it was. They also asked if we can stop putting clothes on the radiators to dry(wtf? Random and ridiculous?). They also issued us with a section 21 when we moved in which I understand they can evict us when they want?

Is this claiming stating one months notice?

Clause: the tenant may end this agreement by giving the landlord at least one calendar months notice (expiring on the last day of a rental period and not before the last day of the agreement)

What options do I have? I understand we are in a contract and if legally required we will just get on with it and stay.

Thanks for help
 
The cleaning thing would be difficult to enforce, the agent would need to be able to demonstrate that the premises are not as clean as when you arrived should you challenge it. If you are confident that it will be in the condition that it was in when you took possession clean it yourself and challenge as necessary.
Ignore the S21, the landlord cannot end the agreement during the AST with it, he would need a section 8 and would need a court order to evict you. A lot of landlords issue a S21 with the AST so that they can, if they chose, end the agreement at the end of the AST, if you both agree to renew they will usually just issue a new one dated for the end of the next 6 months.
 
Ah great.. thank you.

Now this looks like what I am after. Will this be seen as unfair and unenforcable?

2) During a Fixed Term

Neither landlord nor tenant can normally end a Fixed Term tenancy early except:

a) if there is a 'Break Clause' in the contract (often at/after 6 months in a 12 month tenancy). The terms vary so read the contract. Note that the OFT requires both LL & tenant to have the same rights - if the clause only grants the LL the right to end the tenancy early, it is unfair & unenforceable. The LL must also serve a S21Notice.

The whole of my contract clause reads:

7. TERMINATING THIS AGREEMENT
The tenant understands that the Landlord or their Agent can recover possession at the end of the Term (as defined) and may end the tenancy early if the Tenant fails to carry out their responsibilities. The landlord may end this Agreement by giving the Tenant at least two calendar months written notice in accordance with Section 21 of the housing act 1988, required possession of the property on a date specified in the notice. The tenant may end this Agreement by giving the landlord at least one calendar month written notice (expiring on the last day of a rental period and not before the last day of this agreement)
 
Not sure what would be unenforcable or unfair. The LL has the right to terminate prior to the 6 months if the tenant fails to carry out their responsibilities, such as paying the rent or abiding by the other terms of the contract.

I'd be very surprised if an AST contained unfair terms as its pretty much a standard worded agreement.

You're locked into 6 months an can only break this by mutual consent. The agent has said they will try to find another tenant in order to allow this. They've only made reasonable requests (not drying clothes on rads is possibly a clause in your AST) and if the property was pro cleaned before you moved in and they have receipts from the outgoing tenant to prove it you will need to get it cleaned before you move out.

I'd suggest you work with the LA as they're trying to help you out. They could just hold you to the contract and make you pay the remaining 4 months rent if they are minded to.
 
Yes drying clothes on radiators may contribute to damp
what issues are you having?
a S21 when you moved in? LOL
so you started a 6 month AST but were given a 2 month notice at the start?

sounds rather strange imho.
Have you had confirmation your deposit is in a protection scheme?
 
WillyNelson I think you have misunderstood. They have issued me with a section 21 as soon as I moved in which gives them the right to terminate the contract within 2 months. What I am asking is does that also give me the right to terminate with 2 months notice as it sort of acts as a break clause?

Yes deposit is in a DPS scheme. House was renovated just before we moved in. Looked great but we have had problem after problem and it is starting to become an inconvenience. We have had their "handyman" or as I call him "botch job man" out around 10 times fixing things in the last 2 months. We are having to either book time from work or our weekends to stay him to come out. Usually given a time frame of between 12-5pm or something.

Thanks for help
 
I'm pretty sure anything stating that you need to pay someone else to clean is unenforceable - you are required to leave a house in the condition you found it in with an allowance made for wear and tear, nothing more. So if you rent somewhere for 10 years and during this time a cheap carpet wears down, or decor fades in the sun this isn't your problem.

Before I moved out of my last house I paid someone else £25 to do all the windows inside and out because I hate doing them and couldn't be bothered to get a ladder for that sort of price, vacuumed the carpets, mopped the floors and got the entire deposit back.
 
What do you mean?

Edit: I think everyone is missing the question I want answered. If they serve me a section 21 with 2 months notice can I also give 2 months notice?

Thanks
 
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The Section 21 is meaningless so I wouldn't say that means you can leave during the fixed term.

You cannot use Section 21 to gain possession of your property during the fixed term. You can serve a Section 21 notice on your tenant during that time, providing the date you state you require possession is not before the end of the fixed term.
Click to expand...

What does the notice they issued you with actually say?
 
You seem to have misunderstood. A section 21 gives the landlord the right to end the contract within 2 months (or however long they define). They haven't actually give me written notice.
 
Right, you said they issued you with something though.

Section 21 specifies that you need to give two months notice to the tenants to gain possession of the property, and that it can't be used to gain possession before a fixed term has expired.

It's not a two month break clause, and it's not something that can be used at the start of a tenency to say "just so you're aware, we can have this property back whenever we feel like it".
 
Half way there I think.

The landlord issued me with a section 21 with 2 months notice. Does that mean I am also able to give 2 months notice!
 
If you were given two months notice when you moved in (with an end date on) then you move out after those two months are up.

But it sounds like they just gave you a piece of paper saying "we can give you two months notice if we want", which is meaningless and unenforceable during the initial term.
 
Was it signed or did they just give you the template.

It should be issued on the 4th month if they want you out on the 6th.

This is all semantics really if they want you out all you are doing is delaying the inevitable.
 
ARION said:
Half way there I think.

The landlord issued me with a section 21 with 2 months notice. Does that mean I am also able to give 2 months notice!
Click to expand...

Before the end of the fixed term, you can't give notice and your landlord can't evict you without a very good reason and a court order. The section 21 notice only works at the end of the fixed period.

You can leave the day before the fixed term ends without giving any notice whatsoever, regardless of what it says in the contract, although obviously you aren't going to get a reference if you do this, so it is always better to give them some notice if possible.

If you want to leave earlier, you have to keep paying rent up until the last month of the fixed term, although the landlord is obliged to try to find someone else to rent the place to instead. Once they find someone else, you can stop paying them. I seriously doubt they can force you to have it professionally cleaned, although they sometimes write this into the contract if you are keeping pets in the place.
 
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