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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 4033
Experience:  Solicitor
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I am encountering some problems with my landlord because he

Customer Question

Hi,I am encountering some problems with my landlord because he claims that although my tenancy end as a 12 months fixed term contract. The close 7.1 makes me reliable to rent till 2 months after notice (please find attached the contract).Please let me know what are my rights in this case. I believe that the close 7.1 of the contract can only apply if I was leaving before the end of my fixed term contract. Which I am not; I intend to leave on the 15th of September as my contract says - where no basis of rolling contract is applied. Neither I or my flatmate ever signed any renewal of the contract.Since the clause 7.1 is so unclear, can it be in any case considered to be carried over a periodic agreement - meaning only when I give those 2 months notice correctly?My flatmate (out of panic and options) is trying to negotiate with him to stay an extra month. Are they legally allowed to do that on the back of a contract I consider as terminating the 15th of September.Also does a text message hold as a written notice for departure (as I have sent the agent a text message saying clearly that I was leaving the property on the 24th of August). Which then gives me less than a month, but around 3 weeks written notice to the landlord?I really want to solve this situation fast as I am moving next Tuesday to another flat. But he is neither responding to us for the next steps and what he decides, the landlord claims to be a lawyer as well. I have emailed and texted 4 times the letting agent already asking when will the inventory be done and where should I leave the keys.Also, I have to add that we have written email proof that from the 10th of august we were actively trying to contact the landlord via the agent on the grounds that we need to receive confirmation that the rent needs to be lowered in order for us to stay.
She said that during this whole month period, she was unable to get in touch with landlord and give any sort of confirmation to us.
He only replied the 6th of September when he was back from holidays, and then stated the clause 7.1 and that we had to stay.Please let me know what you think of this problem and how I can solve it. I really I am very stressed and scared.For my point of you, when we actively started reach out to him purposefully from the 10th of august. We did that because there was very strong uncertainty about our contract that the agency seemed unprepared to reply to our questions the landlord who was unresponsive. When my flatmate asked her directly by email on the 10th if there is any deadline because we need to look at our options; the letting agent then replied "there is no deadline, you can take however time you want". I then assumed for that reason to worry immediately.However, on the back of my text notice on the 24th of August. The letting agent emailed back my flatmate, saying that I had notified her of me saying that I was leaving ; she then emailed immediately my flatmate on the back of it stating that I had given my notice and that she maybe needs to find someone else.My flatmate then emailed her back behind my back (without me being cc’d) that we were not leaving but just waiting to hear back from the landlord for a lower rent.At any point this letting agent (who works for the landlord as he owns the letting agency), told me that I had to give any notice.
They never contact us before we contacting them from june about renewing or not.
Even when I called her on the phone last Monday (5th of September 2016) and by text enquiring if they have a proper cleaning agency for me to do a very good cleaning before leaving. She advised me to use whatever we want.It is only the 6th of September that I was made aware when I already made the holding deposit for another property.Many thanks,
Rim
Submitted: 10 months ago.
Category: Property Law
Expert:  Jamie-Law replied 10 months ago.

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

For now please let me know what clause 7.1 actually says?

Customer: replied 10 months ago.
here is the tenancy agreement (not signed)
Expert:  Jamie-Law replied 10 months ago.

You want to know if you can just give notice at the end of the current fixed period?

Customer: replied 10 months ago.
Since he is claiming that I needed to give a 2 months notice otherwise I need to keep paying my rent. I need to know if that affirmation is valid on the back of this contract.
Customer: replied 10 months ago.
Also, is my flatmate allowed to negotiate with him to stay for another month. When I have made it clear that I am leaving by the end of this fixed term contract?
Expert:  Jamie-Law replied 10 months ago.

No. Once you are out of the fixed period you automatically go to the periodic tenancy.

Therefore the contract is not correct. Yes your flat mate can negotiate to stay another month.

Can I clarify anything for you about this today please?

Jamie-Law and 2 other Property Law Specialists are ready to help you
Customer: replied 10 months ago.
Please call me when possible on the number I sent.
Expert:  Jamie-Law replied 10 months ago.

Sure.

Customer: replied 10 months ago.
Would please give me a timeframe of when you are able to call me (just so that I make sure I am near my phone)
Expert:  Jamie-Law replied 10 months ago.

10 mins

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