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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4648
Experience:  Solicitor
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I was meant to give my notice in, but I only did it after 7

Resolved Question:

I was meant to give my notice in, but I only did it after 7 days into my last month. It has now been extended for another three months. On the agreement I signed initially, it does mention that if I do not notify 1 month prior, it will be extended for another 3 moths automatically. How can I go into another contract without signing it? When I wanted it to be extended last time, I gave my landlord a text message, in which I said that I wanted the contract to be extended till end of of October. If I now cancel, it is said in the contract that I will loose my deposit. Is there any leniency? Please only answer if it is possible to prevent them from taking my deposit. I am willing to stay another month.
Submitted: 11 months ago.
Category: Law
Expert:  Jamie-Law replied 11 months ago.

Hello my name is ***** ***** I will help you with this.

I do not quite understand, could you please explain your situation a little more?

Customer: replied 11 months ago.
I wished to have ended my contract by the end of this month, but due to the fact that I did not give my notice period in time, they have now automatically extended my contract for another 3 months. I would like to cancel the new contract, which I have not signed yet, without loosing my deposit.
Expert:  Jamie-Law replied 11 months ago.

Is it an assured shorthold tenancy you have?

Customer: replied 11 months ago.
I do not how to phrase the type of tenancy, other than it is a short-term contract, which should be a minimum 3 months according to the landlord.
Expert:  Jamie-Law replied 11 months ago.

Do you rent a room? Does the Landlord live in?

Customer: replied 11 months ago.
I rent a room, with 5 other tenants who have their own rooms in one house and my landlord does not live with us
Expert:  Jamie-Law replied 11 months ago.

Ordinarily you would be liable for the 3 month period because that is what the agreement says.

You agreed to the contract and are bound by it.

You could argue the terms are unfair as per the Consumer Rights Act 2015 which states:

62Requirement for contract terms and notices to be fair

(1)An unfair term of a consumer contract is not binding on the consumer.

(2)An unfair consumer notice is not binding on the consumer.

(3)This does not prevent the consumer from relying on the term or notice if the consumer chooses to do so.

(4)A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer.

But that is your only argument. Can I clarify anything for you about this today please?

Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 11 months ago.
No thank you for your help.
Expert:  Jamie-Law replied 11 months ago.

All the best.