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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Short hold tenancy agreement 08/02/12. Prior to signing, it

Customer Question

Short hold tenancy agreement 08/02/12. Prior to signing, it was agreed on email between landlord and agent that he would remove the property from sale.
Within 24hrs of moving in, estate agents arrived with 2 families for viewings.
The estate agent said "we dont care we've sold the house already and now just have to wait for you to leave"

I emailed the landlord and said i was shocked for this to of happend. He replied saying it must of been an error and he has contacted them again to remove the property.

11th March 2013 - i was upstairs showering - someone entered the locked front door to be greeted by my two dogs - the door slammed shut and as i got changed heard the front garden gate close. I emailed the landlord who replied:

Hi Nick
The only person apart from yourself to have a key is us and that's kept in
our offices for emergency. I can only think its the agents doing it again.
We will call them again and also will be good idea if you pass their way to
pop in and let them know about it.


18th March 2013


Sent: Monday, 18 March 2013, 14:27
Subject: Cubit & West


Dear Sirus,

I visited Cubit & West this morning after yet another visitor at the end of
last week,this time from a Fox & Sons agent explaining he had seen the house
on the market and would I be interested in advertising with them as well. I
asked him to confirm it was Cubit & West where he found the advert to which
he confirmed. After explaining I was a tenant he made his apologies and
left.

I asked C&W why they where still advertising and more importantly why they
entered the property without my consent. They denied entering, I explained
there where only 3 keys which yourself & I had 2, and that they where the
3rd key holder. They denied receiving and communication from yourself to
remove from their advertising ­ I also pointed out the large display in
their front window.

I have made it completely clear to them that any keys in their possession
should be returned to yourself, and that advertising be removed. I
reiterated and advised if they do not comply with this by close of business
on the 22nd March 2013 I would to seek to take legal action, at which point
I was told by a member of staff I had no right to complain. I then brought
up the subject of the 2 viewings to the property on the 9th February 2013 ­
both made without my consent and that the agent had they keys to house.

Im unwilling to be continually bombarded with interruptions and I will put
a stop to it, my energy is better utilised working than dealing with
situations like this.

It feels like I'm living in a hotel since being the attempted two viewings
by the Cubit & West agent that arrived early morning on the first day here.
I was also shocked to be told buy the agent that the a gentleman has already
made an offer on the house and is in no rush to complete the purchase as
he's currently in a chain which should complete in the next 6-8 months.

As it stands from information given from various parties the tenancy is
merely a short term solution for your company.

I've been in business for many years and believe in honesty & integrity and
would therefore ask if the above holds any truth or if plans are to
re-market at the end of the tenancy to let me know, I'm always willing to
work with people that from the outset are upfront and honest.

I trust as a businessman yourself you understand my position.

Reply from Landlord:

Dear XXXXX
I am sorry that you have been disturbed by the agents and their
unauthorised viewings. We informed the selling agents to stop future
viewings when the letting agreement was signed but apparently the
information was not passed to their branches or at least thats what they
claimed to be the problem.


As far as our operation concerns we have a portfolio of properties to let
and we consider ourselves professional in our field of business. We do not
see any need for dishonesty or mistreating our clients.


As far as your house concerned we are not in negotiation with any
purchasers now. Previously we had a several unsuitable propose purchasers
(chain purchasers) so we decided to let the property for now. This is not an
ideal situation because of the return on investment is being below fair
level. This situation arises when the housing market is not stable.

Since then the house has been on the market and last week after another visit it has been sold.

Today a sign was screwed to my house wall from the estate agent saying SOLD

I would like to terminate the tenancy on ground of our initial agreement being broken and failing to allow me to live in peace - is this possible?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

What date does the tenancy end?
Customer: replied 3 years ago.

Assured Shorthold tenancy agreement - twelve month tenancy 08/02/13 - 07/02/13 although landlord requested that a break clause at 8 months with 2 months notice be entered into the contract.


 


 


 


 

Expert:  Stuart J replied 3 years ago.

Don't you want to give 2 months notice?

Was it is the AST that the property wouldn't be marketed while you were in it?

Customer: replied 3 years ago.

From the beginning prior to signing - it was agreed (via email) the house would be removed from market. This was also confirmed by the landlord in his email to myself when i complained of the interruptions

 

The landlord knew my intentions would be to stay and renew as i have always lived in properties from 4 - 8 yrs before leaving.

 

I cant settle in properly as from day one theres been issues and therefore as he has be untruthful on email i wish to have nothing more to do with him and move on as soon as possible.

 

There's nothing in the AST re marketing the house

 

I only have to give one months notice.

 

Kind Regards

 

Nick

Expert:  Stuart J replied 3 years ago.




In which case,
the landlord is entitled to one month's notice.

Unless there was
a provision in the tenancy agreement that the property would come off the
market, it is unlikely to be unenforceable. Of course, you can always move out
of the property and of the landlord keeps your deposit in respect of rent or
decides you to sue you for rent you can defend his claim on the basis of the
breach of contract.



It is not one
that I think you would have any certain tea of winning I am sorry to have to
tell you.



For the sake of
one month, having been in the property for 14 months already, do you really
want the grief and uncertainty?



Does that answer
the question. Can I assist any further?



I am happy to
follow up any individual point you make



I am online and
off-line each day and most weekends.



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forget to positively rate my answer service (even if it was not what you want
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If in ratings you feel that you expected more or it only helped a little,
please ask. Thank you.



Customer: replied 3 years ago.

Sorry - i typo'd


 


Start 08/02/13 - ive been here for 4 months.


 


I cant give my 1 months notice until month 7 (one month before the 8 month break clause)


 


 

Expert:  Stuart J replied 3 years ago.




Give notice now, to
make sure that it isn't late.

My answer however
remains the same it's just that you have more rent at risk of the landlord
decides to sue you because he is entitled to 4 months rent or rent until he
gets a new tenant if earlier.



It isn't one that
I would risk going to court on.



Sorry I
appreciate that this is not the answer you wanted but there is no point in me
misleading you and I am sure you would rather I was straight and tell you what
you want to hear.



Customer: replied 3 years ago.

So there would be no grounds of breech of contract under:


 


i) Tenant shall peaceably hold and enjoy the property during the tenancy without any lawful interruption by the landlord


 


ii) Failing to meet clause 2.3 - The deposit will be submitted for protection by the DPS by the Landlord within 14days of receipt - he submitted 30days later.

Expert:  Stuart J replied 3 years ago.

A breach in those circumstances doesnt "strike to the heart of the contract" so you couldn't cancel.

By all means try and if he feels differently he will have to sue you and you will have to defend it

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