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difficult landlord/agency

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577 views 1 replies latest reply: 11 December 2015

On the 28th November 2015 our 12 month renting agreement ended. I received a call from my letting agency mid November to ask whether we want to renew. Well at the time we said yes 6 months and a new contract was sent through the post. In the mean time we made a quick decision to move house due to lack of space and didn’t sign the new contract.  

Our landlord has always said leave the agency, always contact him if there’s any issues. So out of respect, we phoned our landlord on the 25th November 2015 personally and explained we’ve found a bigger place and we’re giving you 30 days notice that we’re leaving but out of respect and not to drop him in it, we explained as the contract runs out in 3 days, we’re happy to do another rolling month and we’re moving out over Christmas. He was extremely nice about the situation and told us not to worry about contacting the agency about this he will take care of everything and it’s not an issue. Therefore as far as we were concerned we were leaving on 28 December. Last week I thought I would contact the agency just to make sure they were aware of the situation. They explained that they knew about the rolling months contract but I have to hand in 30 days notice in writing before we can leave. But as I rang on 6th December, it passes another rent due date which is 28th December therefore we have to pay another month so we can live there until 27th January 2016. 
I explained that with spoken to the landlord personally and had verbally agreed everything is fine and that we didn’t need to contact yourself she then said the landlord is adamant he wants written 30 days notice and expects the rent to be paid on 28th December the day we are moving out.  She said a verbal agreement has no evidence and we need it in writing as soon as possible so out of pressure I’ve written this notice and face the fact I will have to pay another months rent even though we won’t be living there.
I’ve now realised that with the rolling month contract, I haven’t signed anything to agree to this and the agency have accepted the landlords verbal agreement that but won’t accept our verbal 30 days notice.
Because we haven’t signed a new contract to agree to the rolling month do we have the right to move out on the 28th December legally and not pay another month upfront that he’s requesting? 

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Hi Stephanie

If you don’t have your landlord’s agreement in writing then you would have a hard time proving a right to leave –  can you go back to the landlord and ask? All it takes is an email or a text message confirming it. Ignore the agent as they have no interest in anything but their fees from the landlord. You could perhaps even ask the landlord for a compromise – seeing as there seems to have been a mix up and you thought he had agreed 28 Dec, maybe ask him if he would compromise on mid Jan instead?

Your other option could be to offer to find a replacement tenant who would move in on 29th Dec and start a new tenancy – at which point the landlord surrenders your tenancy in writing.

Otherwise I’m not sure there is anything you can do as you are legally required to give the notice in writing. A tenancy slips into the rolling tenancy where neither the landlord or tenant give notice so there is no need for you to sign anything or for the landlord to have agreed – all that is required is that no one gave notice.


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