4m x 3m Omlet pen, cube, new auto door still boxed and coop light

[ClaireG]

Help! Can any of you offer any advice please? We are moving out of our current rented property next week. I've just received a letter from our current agents stating that we have to pay a surrender fee of a months rent plus vat and pay rent until a new tenant is found as we've ended our tenancy early . We were informed in early December that our landlord required the property back but were not served notice as the agents were unsure when the landlord would need to move back in. As the agents only have to give us a months notice to quit, i was worried that we wouldn't be able to find somewhere and would be potentially homeless. I also wrongly, it seems now thought we had to give a months notice.

 

Do we have to lump it and pay the fee and rent until a new tenant is found? Is there any way around this?

[Egluntyne]

If you were informed in writing, I would imagine that would suffice. They can't have it both ways.

 

Why not contact your Citizens Advice Bureau?

[ClaireG]

Unfortunatly, we wern't informed in writting. We were advised the landlord would be coming back by the lady who does the 3 monthly inspection when she was inspecting us. Will try and contact the CAB, thanks Egluntine.

[milli]

Have you got your tenancy agreement, you need to read in there what terms were agreed. If it states the conditions you have been informed of in your contract with them then you may well not be able to do anything about it.

 

I'd still contact CAB though.

[ClaireG]

I've checked the tenancy agreement and it looks like we may be stuck with having to pay

[ClaireG]

Have also just read this

http://www.tenancyagreementservice.co.uk/ending-a-tenancy-agreement.htm

 

looks like we have to pay.

[Patricia W]

You want landlordlaw.co.uk. This is a website for landlords and tenants run by a wonderful solicitor called Tessa Shepherdson who last year helped us win a court case against a letting agent. They ended up paying us money! Your question may be answered in the public section or you can pay a small fee for a personal consultation.

 

Hope that helps.

[ClaireG]

Thank you Patricia, i'll check the website now.

[chickenanne]

Letting agencies can be appalling to deal with.... it's quite possible that they are also trying to charge the landlord a fee for breaking the contract early.

I'm not sure what situation you're in legally, but can you contact the person who did the three-month inspection, or refer the agency to her? It's generally the case that tennants have more protection than letting agencies like to tell you. It does sound like it would be very unfair for you to ahve to pay as the converation alone should stand as notice to quit, although I know verbal contract terms etc apply in Scotland am not sure if they do in England. That might not be an issue as you're the tennant and therefore are more protected than the landlord.

[Guest]

You are unfortunatly in the wrong as they hadn't actually served notice on you, just told you of something they thought was happening and then not followed it up in writing. Notice is usually the same on both sides - are you sure you don't just have to give a months notice?

 

Tennants are well protected but they havn't done anything wrong TBH they should never have said anything to you in the first place just informed you, in writing, when they wanted to give you notice - its been badly handled on their part but the arguement could be that they wanted you to know it was likely to happen rather than be surprised.

 

It could be worth taking your contract to the CAB and seeing if they can give you any advice, otherwise you might be better staying put and looking for somewhere else if and when you are served notice. The rental market is good at the moment as people are choosing to rent out properties rather than sell them.

[ClaireG]

I have now had more advice on the legal aspects. When we orginally started our tenancy it was with a diffrent agency, they were then taken over. As our orginal contract states that one month was to be given by either party we may have a case. We have been advises not to sign anything as this would then mean we agree with the terms.

[Egluntyne]

That sounds promising. Best of luck.

[fowlbird]

good luck, Claire

[ClaireG]

Thanks.