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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
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Experience:  Experienced solicitor
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I have a tenancy contract with a private

Resolved Question:

Dear Sir or Madam,
I have a tenancy contract with a private land lord. Before we renewed (23/02/2015-23/08/2015) the half year contract in this February we had a verbal agreement that I can terminate the contract early (surrender - I explained that I would like to buy my own house and it is not easy to predict the timings).
The time came on 24th of April and I notified the land lord that I would like to terminate our contract (with 8 weeks notice - as we agreed previously) and I named the surrender date as 21st of June.
Now the situation is the following:
The rent is paid till 23rd of June, and they want me to leave the property on 20th of June, and they threat me with "early termination fee" which was never mentioned before.
Their reasoning is the following: after the 8 weeks expire (counted from 24th of April) I'm not entitled to stay further. Furthermore there is a termination fee which I do not even know how much it would be.
I have proof as e-mail conversation that surrender was agreed by the land lord in case of house buying.
I just have a feeling they try to find a way to squeeze more money out of my valet or deduct the amount they feel to be convenient from the deposit I have paid. What can I do to keep them to their word and avoid unnecessary payments?
I have video record as well about them entering the property without my approval. (they did say they will visit but they did not wait until my approval) How could I use this as a bargain tool?
Kind Regards,
Tamas
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you. In order to answer your question I need a little more information,
How do they justify the early termination fee? Is there a clause in your tenancy agreement? Also is your deposit with a guarantee scheme?
Customer: replied 2 years ago.

Good Evening,

thank you for your time and your effort in advance

Yes, the deposit is with a guarantee scheme (DPS)
(at least I hope so, because after contract renewal in February we did not receive any update about it)

The contract (I was told it was written by expert but I have my reservation) in PDF without name/price is available during the next 24h in this link.

the relevant sections in case of a bro***** *****nk:

...Once agreement and sign then the tenant cancels unnecessarily he will lose the deposit in full if applicable...

...Must give 8 weeks’ notice before ending tenancy and forwarding address, the landlord will start viewing and advertising as not lose income this must be allowed.


To pay the Landlord’s reasonable costs incurred as a result of any breaches by the Tenant of his obligations under this Agreement if applicable....



Kind Regards,
Tamas

Expert:  LondonlawyerJ replied 2 years ago.
This agreement was not drafted by any sort of expert. On the face of the agreement itself you can end the tenancy with 8 weeks notice during the term of the tenancy. You also have confirmation of this in the email you sent to the landlord.
There is no early termination fee mentioned in the agreement. Unless there is some other agreement about this they can not impose it.
The deposit held by DPS is only to do with damage to the property.
If they have given 8 weeks notice you can leave with no adverse
consequences.
Customer: replied 2 years ago.

Thank you for the information.

Summarizing the situation I can decide what time I leave as long as 8 weeks passed and the rent fee is paid.

In case they try to force me to leave sooner than I planned can I call police or how could I prevent it?

Did they breach the law when they entered the property without my confirmation?

Expert:  LondonlawyerJ replied 2 years ago.
You should leave on the date your notice expires. If they attempt to evict you without a court order that is a crime and you can call 999 for help.
They probably should not have entered without permission but if you have suffered no loss/harm there is nothing you can do.
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