Hi. Basically we feel abused & cheated by our Letting and landlord due to the following events:
Agreement for an Assured Shorthold Tenancy with TDS. Is that what you meant?
This is what the tenancy agreement reads
This Agreement is intended to create an Assured Shorthold Tenancy as defined by section 19A of theHousing Act 1988 (as amended) and shall take effect subject to the provisions for the recovery of possessionset out in section 21 of that Act.
What does the agreement say about tenant termination please?
The Landlord lets to the Tenant the Premises starting on 28/06/2013 and ending on 27/06/2014. As set out inthe Break Clause contained within Schedule 6 “Special Conditions”, the minimum fixed term for this tenancy is6 months as either party has the right to end this tenancy at any time from 27/12/2013 by giving the other noless than 2 months written notice.
This is what it reads on the special conditions:
1. BREAK CLAUSE1.1. The Tenant agrees that the Landlord has the right to terminate the Tenancy at or any time after thefirst six months by giving the Tenant not less than 2 months’ notice in writing to end the Agreement.To avoid any doubt between the parties it is agreed that the earliest date the Notice can bring thetenancy to an end is 27/12/2013. When the notice period expires the Agreement shall cease. Thisdoes not affect the right of either the Landlord or the Tenant to pursue their legal remedies againstthe other for any existing breach of any rights under the Agreement.1.2. The Landlord agrees that the Tenant has the right to terminate the Tenancy at or any time after thefirst six months by giving the Landlord not less than 2 months’ notice in writing to be sent by firstclass post or hand delivery to the address specified in Schedule 3 clause 5.1 of the Agreement, toend the Tenancy. To avoid any doubt between the parties it is agreed that the earliest date theNotice can bring the tenancy to an end is 27/12/2013. When the notice period expires theAgreement shall cease. This does not affect the right of either the Landlord or the Tenant to pursuetheir legal remedies against the other for any existing breach of any rights under the Agreement.2. OTHER SPECIAL CONDITIONSIt has been agreed that the property will be withdrawn from the sales market until the last four months of thetenancy when, it has been agreed, sales viewings may commence.
It is that last statement that I'm concerned, as I feel they had breached. Telling us the property was sold when it wasn't, hence we started the process of looking for another property to rent
What does the clause say about taking it off the market please?
2. OTHER SPECIAL CONDITIONSIt has been agreed that the property will be withdrawn from the sales market until the last four months of thetenancy when, it has been agreed, sales viewings may commence.
Could I send you the tenancy agreement in an email??
Dont worry about that, this is all I need
And they are in breach of this agreement?
What do you mean by that?
Have they not complied with the terms of the agreement?
The viewing cannot commence till the 28/2/2014
Basically we had an email from the agency on the 16/1/2014 stating the following "I am now able to advise that it has been confirmed that the new owner will be moving in to the property, and so, a renewal will not be available after the end of your current tenancy"
If they are in breach then you can leave.
If they have breached substantial obligations then you are entitled to break the agreement and leave
You can ask for your deposit back and if they refuse issue Court proceedings.
We did accept the viewings, will that matter at all?
That does not help because it appears you accept the breach. That can make it harder to end it
Also, two days ago, the agency told us that the "new owner" was no longer interested on buying the property
Ok - that I do not think makes any difference
So, we have made decision based on misleading information
The thing is that I don't want to stop paying the rent or break the contract in case they can go against us. Does that make any sense?
Yes and of course if you did it would not help.
I dont think you can claim back moving arrangements as you would have needed to pay that anyway at the end of the tenancy agreement.
That is correct
But the fact that we are know paying two rents at the same time for one month and a half?
Ok. I am not entirely sure what your question is of me then?
I'm in a situation know where I'm paying two different rents as a result of the missleading information we have had from the letting agency
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
Do you recommend us to proceed then? Do you thing we have enough facts with us?
If it was misleading then yes
And whom we should claim agains, the agency or the landlord?
Although the information came from the letting agency?!
Yes, because the agent is just that they act on behalf of the Landlord
Ok, thank you very much! You have been of great help. We should only claim back this one month and a half of rent right??
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thanks in advance