Letting agent refusing to let me move out | The Tenants' Voice
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Letting agent refusing to let me move out

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102 views 2 replies latest reply: 08 March 2017
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Tenant

hi everyone I need some advice please. Basically a year ago 26th Feb 2016 me and my partner signed a joint tenancy agreement. Before my fixed term was over my letting agents sent me and my partner a renewal in January to sign. I signed but my partner did not neither did we pay the renewal fee either. I then told my letting agents at the end of feb that I actually don’t want to to stay for another year now due to new neighbours moving in and causing trouble next door and due to the fact my partner didn’t sign that I still have the right to leave.  The agent then told me that if I give notice to leave I’m liable to pay the rent for a full year (£620 a month)plus remarketing fees for my landlord plus the new tenants fees aswell as the inventory fee to leave and the renewal fee I never paid also I would lose my £750 deposit!!. The agent the new emailed me and said if I pay the £90 renewal fee only then would they call the landlord and tell him I wish to give notice!. They are blackmailing me to stay or I will end charged a huge amount even though my partner didn’t sign the agreement so not all parties agreed to the new contract. They also admitted I had missing paperwork at the beginning as I was never told about renewing or the fees after the 12months plus the renewal was sent in January before the original expired. I feel like my renewal that wasn’t signed by all parties or witnessed either or even paid for isn’t legally binding so I have my rights to leave. But since letting the agents know they have said they would charge me a huge amount if I do. HELP!! What are my rights? 

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Tenant

May I also add that the landlord isn’t aware yet that the letting agents have messed up. I asked for the landlord to be contacted and they said only if I pay £90 they would contact him for me. Surely this isn’t right?

they sent me a renewal before my original expired and then processed it without me paying the fees or without my partners signature of agreement. They say now I’m tied into a fixed term because all parties agreed but they didn’t!. It wasn’t witnessed either. I feel because my orginal has now expired and my renewal wasn’t correct I’m now on a periodic agreement meaning I can give notice but they disagree and won’t help me by making my landlord aware unless I pay the renewal fee which in effect will correct there mistake and tie me in to a contract my partner didn’t agree to so I refused. Can my letting agents really blackmail me like this?

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Tenant

Hello, 

This is clearly an issue with the letting agents trying to tie you down with these huge costs. 

You need to contact your landlord. You have a legal right to request their name and address (no phone or email though) and the letting agent cannot deny you. 

If you have any means of contacting the landlord, please do so ASAP. 

Also, we cannot comment on the “legally binding” or “not binding” issue with certainty as we don’t know what it specifically says in the tenancy agreement. However, because it’s a joint tenancy and one of the tenants has not signed, I would assume this contract is not binding unless you show specific behaviour to accept and agree with the contract which you don’t. 

Make sure to contact your landlord ASAP and solve the problem and serve your notice to vacate.

Also please check our tenant resources page – www.thetenantsvoice.co.uk/your_home/tenant-resources/, where you will find contracts for organisations that offer free or low cost legal help, if you landlord takes the side of the letting agents. 

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