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Tenancy extended past moving date (and won't be in the country!)

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104 views 2 replies latest reply: 09 July 2016


My partner and I moved to England from Australia at the beginning of the year. We took out a 6 month lease on a rental property through a real estate agency and anticipated to leave when the 6 months was up (12th of July). After not hearing anything about the leaving process, we contacted the real estate agency last weekend (2nd of July) to find out what was needed. They told us that even though it was a 6 month agreement, we had to give two months notice before we could leave (we checked the agreement, and they were correct – although it was quite misleading). 

We are now in a situation where we fly out of the country on the 22nd of July however now have to pay an additional two months rent. On top of this, we will not be in the country at the end of these two months (September) to complete the finalization process, hand over the keys and get our bond back. 

As I am not from the UK, I’m unsure on what my rights are in the situation and what am I allowed to request. The real estate agents are not communicating frequently enough to get any questions answered thoroughly. 

ANY help would be incredibly beneficial. I am genuinely quite worried about all of this and am not sure how to deal with it with such limited time left and little support from the real estate agency. 

Thank you for your help.


This is a difficult situation for you as tenants. Initial 6 month contracts can roll on month by month without another contract, this I know for sure. As you only antered into a contract for six months, then that was your obligation, and any extension without your agreement is unlawful. As you are unsure of British Law on this matter, then agents/landlords are trying it on with you. Contact CAB, you can google your local one. It is best to send them an email, as they take ages to answer the phone. It is always better to have an official body on your side in matters like this.

Best of luck


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Check the agreement carefully. Most will be be for a fixed term of ??? months commencing on ???? date. Again most say that if you wish to end the tenancy early you have to give two months notice. 

With regards to a tenancy rolling onto a month by month contract, this is true. If neither you or the agent formally extend the agreement it devolves into a month by month “peroidic” tenancy.

If the agents protected your deposit and dealt with it in accordance with legislation they cannot simply keep it. Any retention should be agreed after arbitration with the relavant scheme. If they did not deal with the deposit correrctly we may be able to help you claim up to three times the deposit in compensation FREE. Even from OZZ!

If you didnt pay a deposit and are going back to Australia not to return to UK anyway, I think an appropriate term may well be “No Worries Mate”!!!!

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