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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi we have been renting a house with an estate agent as the

Resolved Question:

Hi we have been renting a house with an estate agent as the management no contact what so ever with our landlady
We have been renting this house for the past 4 years with every year a tendency renewal etc sent confirmed etc!
Our landlady is not the greatist at helping maintain her part of the property and we are not nagging tenants I take on maintained myself if possible but ask for few serious things to be repaired the agent has not been vet y good at dealing with these requests and we have had confratayions over this but never not willing to rent or pay increase etc!

The renewl was at its time now in MAy we were notified by agent that we need to confirm if we wish to renewl the tenancy we agreed in email and verbal and received an email that the landlady has 7 days to change her mind this was 8th may payment was made fr renew on 12 th may all needed was contracts signed as we were all in agreement!

On the 22 may we received notification that the landlady required the property back due to personal circumstance ????? We had all committed any way fine family of two toddlers in the local school so really not perfect for us but ok!

Last week the agent by mistake sent me the email intended for the landlady informing her that we had requested to be given an extra week paid rent of course as our new property could not be available sooner she asked her where she stood on this then informed the landlady in email that they will have the property back soon as we vacate and get it on the market ASAP to find new tenant!

My shock as I was told personal circumstances after we all committed to the renewl
We can not understand why we were lied to by agent anyways
No issues made we waited for our request for the extra week and have been told no that they can't grant that as she is going overseas and wants to know the property is empty?

Sorry for my long winded explanation but we have been really unsettled with kids dogs a big house and have never had any problems with anything while renting here so I want to know what our options are pls
Thanks you
Dom
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is ***** ***** 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What is it you want to achieve or know about this please?

Alex Watts :

You want to know if she is entitled to give you notice?

Alex Watts :

You renewed on 12th May and on 22nd May she gave you notice to leave, is that right?

Customer: Yes that is correct
Customer: Notice I understand but underhanded not nice firstly saying personal circumstances then findig out to be re rented immediately
Customer: the big issue is the agent has not dealt wiht this in a professional manner and now she will not grant the extra week to stay I have to move my family twice
Customer: i want to see what my rights are we are moving fine but the stress and unnessassry stress for my family after renting here for 4 years just staring school to be told renewed then not and now no help with the extended week
Alex Watts :

Can you confirm that the Landlord signed the new contract?

Alex Watts :

How long was the new contract for please?

Customer: We had not signed the new contract yet only confirmed on email and made payment the agent had not yet sent the contract as the land lady wanted to add some new clauses into the contract and we were waiting on this
Customer: Contract was for a 12 month period
Alex Watts :

Ok - what date do you pay your rent normally?

Customer: I am so sorry for the bad spelling and long story but very greatful for your help
Alex Watts :

And when have you been asked to leave by?

Customer: 29th July
Customer: We can only move in to new house on 6 August
Alex Watts :

Ok - when do you pay your rent usually and when were you given notice?

Customer: we were given email notice on the pls give me a sec to confirm on my email
Customer: Notice on the 22nd may by email wiht section 21 posted by 28th may as formal notice on email then revised in post
Customer: we pay rent the beginning of the month
Alex Watts :

Ok - in that case notice would have effect from 1st June. You are entitled to 2 months notice which means you have to be out by 1st August.

Alex Watts :

I understand you can't move into your new house until a week later.

Alex Watts :

However if you don't move out of this property in reality the Landlord can not do much

Alex Watts :

The locks can't be changed without a Court order.

Customer: Yes correct and asked for extension paid of course but no
Alex Watts :

To get a Court order the matter must be issued and listed before a Judge.

Alex Watts :

This will take around 6 weeks.

Alex Watts :

Even then a Judge can give 42 days to seek possession

Alex Watts :

If possession is granted and you don;t move they need to get a warrant of eviction

Alex Watts :

This takes a further 4 weeks

Alex Watts :

So in reality if you wanted to, you could delay it by months

Alex Watts :

Therefore at the end of the period, do not move out, pay an extra weeks rent and then move out

Alex Watts :

There is simply nothing the Landlord can do

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Ok thanks can I lay a complaint on the dealing with the agent ? Would I have any thing
Alex Watts :

That is not your best point

Alex Watts :

Concentrate on getting the extra week and setting up your new home

Customer: ithingies am not happy wiht the way they have confirmed then given notice then
Alex Watts :

You are of course entitled to any fees for renewal you have paid back

Alex Watts :

Yes I agree, but sadly that is not enough to sue them

Alex Watts :

Can I clarify anything else?

Customer: my husband is in a high job and on visa from SA so will not moving be bad for our record
Alex Watts :

Not at all

Customer: for the week he can't have judgments etc
Alex Watts :

People move all the time

Alex Watts :

Even if they try to take you to Court, they can only claim 1 weeks rent, which you will pay

Customer: ok
Customer: thank you very much for your time and advise very much appreciated
Alex Watts :

Happy to help

Alex Watts :

If I could invite you to rate my answer before you go today

Alex Watts :

If the system wont allow you please do say

Alex Watts :

If you need further help please click reply

Customer: of course I will thanks happy Sunday
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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