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Ask Ash Your Own Question

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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There, I am having an issue with a propert agency about

Customer Question

Hi there,
I am having an issue with a propert agency about a verbal agreement but not signed contract for a private renting.
First of all, I made an offer for renting a property and the landlord through an agent accepted it, and agreed on the monthly rent amount and moving in date. I paid an initial deposit to take the property off the market. My references were checked out and approved.
After all this, I served my current landlord with an notice to vacate the property on 2nd of June.
I contract was not signed but I relyed on the fact that because I made an offer with the intention to form a contract as the offer was accepted by the landlord through his agent, thus we have an oral agreement. After receiving a letter of acceptance and a revised contract, I challenged the agent about the notice period in which I stated that a standard 1 year contract with 6 notice period should be in place instead of the 1 year contract with 8 months period plus an increase in the rent on the commencement of the second year as per the landlord, so that it means I would NOT be able to terminate the contract in December 2015 and January 2016 and also would have an increase in rent on the second year.
There was a discution from there, where I mentioned that if the landlord wants a 8 months notice period I would like a 2 years contract to secure against increase in the rent. Nevertheless we did not reach an agreement on the notice period and I told the agent that my interests were not being protected. So now the agent is saying that I rejected the first offer, therefore the landlord doesn't want to procede with the tenancy anymore as the current tenant, at the property I wish to rent, wants to stay in for another month.
I can strongly confirm that at no time did I wish to withdraw from the tenancy. My intention was to challenge 1 clause of the contract. I made arrangements to move out already and I am finding myself in a very difficult situation.
Could you give me some advice please?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know if you were due to ever sign a contract or was the oral agreement the only one ever to be replied upon?
Customer: replied 1 year ago.

Yes, I was due to sign the contract I received from the agent but as I said I challenged them on 1 clause of the contract and things started to get difficult from there.

Expert:  Ash replied 1 year ago.
What is it you want to achieve?
Customer: replied 1 year ago.

Hi Alex,

Sorry about the delay in replying you. What I really want is to see where I stand in this case and if there is any legal action I can do against the Managing agency I was dealing with.

I am now in a very difficult situation as I have already served my current landlord with a notice to vacate the property. The stock of properties in London is quite low at the moment and I have a very short time to find a reasonable place to leave.

The Managing Agency said that the current tenant wants to stay 1 month more in the property so it is unavailable at the previouly agreed date but I believe it is a sort of revange as a result of the case where I challenged them because of the break clause term on the contract.

Could you please advise?

Many thanks


Expert:  Ash replied 1 year ago.
Why did you give notice before the contract was signed please?
Customer: replied 1 year ago.

As I agreed on the moving in date with the managing agency, I gave notice because I was required to give at least a month notice in advance.

I did not sign the contract in the meanwhile because my name was not correct on the contract and also due to the clause of the contract which I was not happy with. I thought having the email/oral agreement from the landlord would be enough to insure that it would be safe to give the notice to my current landlord.

Expert:  Ash replied 1 year ago.
Its bad news I am afraid. Contracts such as this are always subject to contract, that is either party can pull out until the agreement is signed. That means either party can pull out. Because this is the case that means you or the Landlord can pull out.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?

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