UK Landlord Forum / Life

Hi,
I'm hoping someone can offer me some help here, Ive been renting my flat for 4 and a half years now and in March signed an AST (signed by myself, the landlord and staff at the estate agents as witnesses) renewal contract to start on May 1st to carry on from my last 12 month AST that would end April 30th. On May 1st I received an email from the estate agents which had been sent the night before (April 30th) saying the landlord wanted to pull out of the contract due to commence the next day so i was now on a periodic tenancy.
I dont believe the landlord can do this as there is no clause in the AST relating to the cancellation before it begins and also the fact that I did not even receive notificaton the landlord wanted to pull out until the contract had commenced and as far as I was aware if he wanted to pull out there would have had to be mutual agreement on both our parts and an attempt to inform me within a reasonable period of time before the tenancy started. Not six hours before via email.
I've been trying to get hold of the landlords details so I can speak to him directly but the estate agents are being difficult nad not replying to emails or calling back. I imagine the landlord told them not to renew the contract and they messed up and did and are trying to get out of it but surely thats nothing to do with me. I was offered a renewal and accepted it.
Can anyone offer any advice on this?

I think you would be hard pressed to say the contract is valid, unless you have paid in some way to enjoy the new contract.

However it is really piss poor practice and not good at all.

They will still need to give you two months notice, you give them one.

If you can speak to the Landlord and find out what is going on, you can then make your mind up as to what you do next.

Good Luck.

I would be very annoyed with this... all parties involved signed the new AST back in March but - of course - no payment is due from you until the time it is due, which you clearly state is the 1 May 2014. I assume you have simply continued paying your rent on time as expected - and I assume a payment was made on the 1 May?

If so, surely the new fixed term AST stands - agreed, signed and paid-for - and anyone trying to unilaterally bounce it to an SPT is not correct. My view is that you have a new fixed term AST in force.

The sending of an email at that kind of time by the Letting Agent - I am assuming after COB on 30 Apr 2014 - and expecting the Tenant receiving it to have read it before the new AST commences (midnight plus one second) is very dodgy indeed.

While I also see that all of this is academic if the Landlord has no intention of evicting you. I assume you've had no indication about any of the Landlord's plans from the Agent? You have the right to be provided with your Landlord's contact details (I might expect it to be in the AST, myself, but maybe not) so write a formal request to the Letting Agent - they must respond with the Landlord's contact details (might be a postal address, of course).

Quote from: Hippogriff on May 12, 2014, 09:02:30 AM
I would be very annoyed with this... all parties involved signed the new AST back in March but - of course - no payment is due from you until the time it is due, which you clearly state is the 1 May 2014. I assume you have simply continued paying your rent on time as expected - and I assume a payment was made on the 1 May?

If so, surely the new fixed term AST stands - agreed, signed and paid-for - and anyone trying to unilaterally bounce it to an SPT is not correct. My view is that you have a new fixed term AST in force.

The sending of an email at that kind of time by the Letting Agent - I am assuming after COB on 30 Apr 2014 - and expecting the Tenant receiving it to have read it before the new AST commences (midnight plus one second) is very dodgy indeed.

While I also see that all of this is academic if the Landlord has no intention of evicting you. I assume you've had no indication about any of the Landlord's plans from the Agent? You have the right to be provided with your Landlord's contact details (I might expect it to be in the AST, myself, but maybe not) so write a formal request to the Letting Agent - they must respond with the Landlord's contact details (might be a postal address, of course).

Hi,
Yes I continued paying my rent and this went out on May 1st as usual.
the email was sent almost at close of buisiness (4.40pm) they close at 5pm and as I had spoken to them that day regarding another issue (broken oven) they knew I was in work until 6.30pm and that I had no access to my email that day. I went out straight from work in the evening too to see a friend so at no time would I even have had chance to read the email.
The estate agents have said they think the landlord is trying to sell the property, but the reason I wanted to sign an AST for another year was for the security, im not willing to be ready to up and move with 2 months notice. I know some people dont mind that but im not comfortable living that way and dont feel it allows me to make plans.

The AST lists the landlords address as C/O the estate agents, I have emailed them as they told me on the phone that it didnt need to be in writing and signed but they have not replied to any of my messages or phone calls. Would you suggest writing to them to request the landlords details?

I've also written to the branch manager as part of their complaints procedure but not had a reply or acknowledgment yet.

On a side note as well, the address they originally gave me for the complaints procedure was going to be unoccupied the day after it was given to me as they moved offices and they didnt bother to mention this. I feel thats a clear attempt to fob me off ,it was only through chance, speaking to another agents I found this out and sent my letter to the new address.

Quote from: zac731Would you suggest writing to them to request the landlords details?

Yes. If you feel you want to go in a bit harder than usual, quote the Landlord and Tenant Act 1985, Section 1... "Disclosure of landlord's identity" ...at them.

http://www.legislation.gov.uk/ukpga/1985/70

If an Agent is asked for the Landlord's address in writing, email may suffice, then they must provide this to you within 21 days. Well, they could refuse but would then be open to a fine... up to £2,500. Go for it if you feel they are getting in the way. Agents can often need reminding about the law.

I previously assumed that your new AST, with the new fixed term, was signed by all parties... is that the case or not?

Quote from: Hippogriff on May 12, 2014, 05:08:31 PM

I previously assumed that your new AST, with the new fixed term, was signed by all parties... is that the case or not?

Thats very helpful thank you, i will do!

Yes the AST was signed by myself, the landlord and two members of staff at the estate agents as witnesses in March and I have a copy.

I agree with Hippogriff.

I'm actually inclined to believe that since a new tenancy agreement has been signed, it should be honoured and you're entitled to remain for the new fixed  term dates. The new agreement has been agreed and signed. Contracts don't just suddenly become void because the relative dates haven't lapsed.

Also, tenants are commonly penalised for withdrawing from a tenancy before they move in. The landlord/agent charges a fee for their loss of revenue and remarketing- they can charge that fee because a contract is being broken.

So I think you're legally entitled to remain in the property. However, the landlord may genuinely require the property, and there's no real point in making him/her suffer. I would try to strike up a deal, and negotiate a more suitable vacating date e.g 4 months time. As already said by others, you're already legally entitled to 2 months notice.