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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Team, My letting agency renewed the contract after 6 months

Customer Question

Hi Team,
My letting agency renewed the contract after 6 months of stay in the property. I was on a holiday out of the country when this happened. I communicated with the letting agency only via email. I was asked how long I wanted to stay in the property for which I confirmed a minimum 6 months. the landlord was flexible with with a lower rent only for 9 months. I agreed for rent change and duration. I was sent an addendum via email to sign which I couldn't open on my computer due to incompatibility. I assumed that a copy would arrive in post and will send them a copy once it came along, which never came.
Now I want to leave the property after 6 months of the 9 month, stay and the letting agency is demanding full 9 month rent and utilities bills. When I contested the terms and conditions I wasn't aware that it was a fixed lease and not a rolling month on month for 9 months contract. I never signed an addendum they didn't follow up to get this in order. am I liable to pay?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Just to be clear the original extension was for 6 months?
Customer: replied 1 year ago.
yes
Expert:  Ash replied 1 year ago.
If you havent signed it then it is not binding. In order to be binding both you and the Landlord would have to sign it. You both have not and therefore you are not bound.
You can therefore leave after the 6 month period, giving notice where appropriate and not be liable for further fees. The addendum needed to be signed by you to be agreed.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I need additional help on this matter. may we please discuss this on phone?
Expert:  Ash replied 1 year ago.
Yes let me give you a call.
Alex
Customer: replied 1 year ago.
I understand your point and fully appreciate that emails can only be considered intent for agreement. However law states there are three parts to a contract, an offer, acceptance (not in contention by yourself) and finally exchange (sometimes known and payment or consideration). As you have paid the extension fee and the increase rental amount you have satisfied all criteria and therefore a contract is in place. So your liability for this property will end on the 25th February 2016.This is the response from the letting agent
Expert:  Ash replied 1 year ago.
I disagree. Ask them where the written contract is. The addendum was subject to contract and therefore needs to be signed.
Alex
Customer: replied 1 year ago.
what should be my course of action to protect my self, they have threatened to pursue matters for the rent if not paid for the entire term. Is there anything I can do to pro-actively?
Expert:  Ash replied 1 year ago.
If you moved out and didn't tell them where you are going they couldn't do anything anyway.
But in order to create a contract there are elements and not just the ones above
Offer.
Acceptance.
Consideration.
Mutuality of Obligation.
Competency and Capacity.
Writing Requirement.
Contract Formation Under the U.C.C.
Does that help?
Alex
Customer: replied 1 year ago.
Thank you for your emails. I am also keen to resolve this in the best possible way for both parties and of course don't want you to feel stressed by this. Our final position is that your liability ends on the 25th February 2016 however our aim is to get this property let by the 18th January, if we are successful then this matter will become null and void. The property will go on the market today and viewings will begin.This is the final response from the letting agency. Can we issue a legal notice to stop them? is there anything i can do, cant i just sue them for harassing me?
Expert:  Ash replied 1 year ago.
No you can't issue a legal notice. You can ask them to stop harassing you and just go ahead and issue legal proceedings. But they can chase the debt until then.
Does that clarify?
Alex
Customer: replied 1 year ago.
Please advice on how to initiate legal proceedings against a the letting agency. there is no debt now so i wont worry about it.
Expert:  Ash replied 1 year ago.
You need to complete form N208
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
There is a Court fee of £250. You are seeking an injunction to stop them from contacting you. But in reality you would need a Solicitor and if its contested you are looking at around £10,000 in costs.
Alex

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