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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Tenancy Agreement Breach - Letting Agency Abuse

Resolved Question:

Hi. Basically we feel abused & cheated by our Letting and landlord due to the following events:


 



  • We had a clause in the tenancy agreement that the house will be withdrawn from the sales market till the last four months of the tenancy period.

  • We had from the agency requests to see the property since the very begging as there was an investor interested to buying the property. I have to say that we accepted the viewings.

  • We had written confirmation from our letting agency that the new owner will move to the property when the tenancy agreement ended. This was before the last four month window

  • Due to the circumstances above, we decide to find a new house as our tenancy agreement ends on June and due to our special circumstances we need to move earlier than that.

  • We find a property to move to and we give the notice to the agency to end the tenancy agreement. The tenancy agreement stipulates two month notice but we request to the landlord & the agency to reconsider it to one month due to the circumstances described above, as they breach the contract in the first instance, selling the property out of the last four month window. He denies.

  • Finally, we are told that the "new owner" has pulled back the offer and he wont buy the property. We have based our decisions based on misleading information which we have record of

  • In summary we are loosing £1500 plus all the moving arrangements we have to do. Are we on our right to claim this money back?

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What type of agreement do you have please.
Customer:

Agreement for an Assured Shorthold Tenancy with TDS. Is that what you meant?

Customer:

This is what the tenancy agreement reads


This Agreement is intended to create an Assured Shorthold Tenancy as defined by section 19A of the
Housing Act 1988 (as amended) and shall take effect subject to the provisions for the recovery of possession
set out in section 21 of that Act.

Alex Watts :

What does the agreement say about tenant termination please?

Customer:

The Landlord lets to the Tenant the Premises starting on 28/06/2013 and ending on 27/06/2014. As set out in
the Break Clause contained within Schedule 6 “Special Conditions”, the minimum fixed term for this tenancy is
6 months as either party has the right to end this tenancy at any time from 27/12/2013 by giving the other no
less than 2 months written notice.

Customer:

This is what it reads on the special conditions:


1. BREAK CLAUSE
1.1. The Tenant agrees that the Landlord has the right to terminate the Tenancy at or any time after the
first 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 the
tenancy to an end is 27/12/2013. When the notice period expires the Agreement shall cease. This
does not affect the right of either the Landlord or the Tenant to pursue their legal remedies against
the 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 the
first six months by giving the Landlord not less than 2 months’ notice in writing to be sent by first
class post or hand delivery to the address specified in Schedule 3 clause 5.1 of the Agreement, to
end the Tenancy. To avoid any doubt between the parties it is agreed that the earliest date the
Notice can bring the tenancy to an end is 27/12/2013. When the notice period expires the
Agreement shall cease. This does not affect the right of either the Landlord or the Tenant to pursue
their legal remedies against the other for any existing breach of any rights under the Agreement.
2. OTHER SPECIAL CONDITIONS
It has been agreed that the property will be withdrawn from the sales market until the last four months of the
tenancy when, it has been agreed, sales viewings may commence.

Customer:

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

Alex Watts :

What does the clause say about taking it off the market please?

Customer:

2. OTHER SPECIAL CONDITIONS
It has been agreed that the property will be withdrawn from the sales market until the last four months of the
tenancy when, it has been agreed, sales viewings may commence.

Customer:

Could I send you the tenancy agreement in an email??

Alex Watts :

Dont worry about that, this is all I need

Alex Watts :

And they are in breach of this agreement?

Customer:

What do you mean by that?

Customer:

Pardon, yes

Alex Watts :

Have they not complied with the terms of the agreement?

Customer:

The viewing cannot commence till the 28/2/2014

Customer:

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"

Alex Watts :

If they are in breach then you can leave.

Alex Watts :

If they have breached substantial obligations then you are entitled to break the agreement and leave

Alex Watts :

You can ask for your deposit back and if they refuse issue Court proceedings.

Customer:

We did accept the viewings, will that matter at all?

Alex Watts :

That does not help because it appears you accept the breach. That can make it harder to end it

Customer:

Also, two days ago, the agency told us that the "new owner" was no longer interested on buying the property

Alex Watts :

Ok - that I do not think makes any difference

Customer:

So, we have made decision based on misleading information

Alex Watts :

Yes

Customer:

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?

Alex Watts :

Yes and of course if you did it would not help.

Alex Watts :

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.

Customer:

That is correct

Customer:

But the fact that we are know paying two rents at the same time for one month and a half?

Alex Watts :

Ok. I am not entirely sure what your question is of me then?

Customer:

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

Alex Watts :

Ok.

Alex Watts :

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?


 

Customer:

Do you recommend us to proceed then? Do you thing we have enough facts with us?

Alex Watts :

If it was misleading then yes

Customer:

And whom we should claim agains, the agency or the landlord?

Alex Watts :

Landlord.

Customer:

Although the information came from the letting agency?!

Alex Watts :

Yes, because the agent is just that they act on behalf of the Landlord

Customer:

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??

Alex Watts :

Yes indeed.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


 

Alex Watts :

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

thanks in advance

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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