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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 757
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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1st page of my tenancy agreement

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1st page of my tenancy agreement
Customer: replied 12 days ago.
2.0F
Customer: replied 12 days ago.
Cluses of ending the agreement
Customer: replied 12 days ago.
18:13
Customer: replied 12 days ago.
Based on the agreement I have given 3 month notice to end the contract.my agent Is insisting me to find an alternative tenant, if I have to cancel it early, and they say I am liable to pay the the full rent until I find alternative tenant with the same same terms and conditions. Is that what my agreement say?
Customer: replied 12 days ago.
Email I received from agent. Is that right?

Let me have a look at this and get back to you.

The letting agents are wrong! They have clearly muddled contracts together to create what they have given you. However, fortunately for you, Section 7.1 is a "break clause". Give them 3 months, then move out make sure you pay your rent up until then. Pay no more rent! Let them threaten you with court etc, if they go down this route, a solicitor will take one look at this and tell them that you are not liable for any further rent.

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Ross Miller and 3 other Law Specialists are ready to help you
Customer: replied 12 days ago.
Thank you very much to ss ��
Customer: replied 12 days ago.
Ross

You are welcome have a great weekend.

Customer: replied 12 days ago.
You too ����
Customer: replied 7 days ago.
Dear Anton Marcus and Kajani Mapitiyage,



Thank you for the email of 13 November 2019 at 15:40 hours from Anton Marcus, along with four image files of online chats between unknown persons.



Please accept this email as acknowledgment and our substantive response to your complaint in accordance with Stage One of the HouseLet Direct PRS and Internal Complaints Procedure.



A copy of the HouseLet Direct PRS and Internal Complaints Procedure 2019; was provided to you as part of pre contract documents by email on 28 January 2019 at 09:21 hours; and as part of the current fixed term tenancy. Since January, we have refreshed and updated all our procedures. A copy of our updated HouseLet Direct PRS and Internal Complaints Tenant Procedure 2019 is attached for completeness.



Prior to the commencement of the current fixed term tenancy, a copy of our standard Terms and Conditions were provided to you by our Accounts Team by email on 26 January 2019 at 17:42 hours. The Terms and Conditions were additionally available for download on our website. Following our annual review (1 October 2019) the latest copy of our Terms and Conditions are again available for download on our new website, and as part of our Legal Notices.



Our website and our durable Terms and Conditions (paragraph 71) clearly state: ‘The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give consumers the right to cancel any order placed via telephone or internet, within 14 days of agreeing to go ahead. The Regulations do not cover business to business contracts and rental of accommodation for residential purposes. Assured Shorthold Tenancy (AST) Agreements are legally binding contracts, which contain specific obligations for payment of rent and statutory procedures relating to duties and rights for occupation and possession. Once commenced a fixed term AST Agreement cannot be cancelled and a tenant will be liable for full rental payments for the complete length of the tenancy (the fixed period)’.



The email of 26 January 2019 at 17:42 hours from our Accounts Team also clearly and plainly advised: ‘If for any reason you change your mind, before you sign the AST Agreement and decide you do not wish to proceed, then we will return the payments directly into your bank account. Once commenced the fixed term AST Agreement cannot be cancelled and you will be liable for rental payments for the full length of the tenancy’.



During your initial approach to us in 2018, we provided you with our Tenant Renting Guide which explicitly stated at page 5 that a fixed term AST Agreement cannot be cancelled and you will be liable for rental payments for the full length of the tenancy. In addition, during pre-contract communications over a period of more than a month and as part of our offer of a probationary tenancy you were advised in the following emails that an AST Agreement is a legally binding contract, which contains certain obligations on your and our part. We ensured that in particular we emphasised in clear simple terms; so that you were fully aware that, once commenced the fixed term AST Agreement cannot be cancelled and you will be liable for full rental payments for the complete length of the tenancy (the fixed period) even if you decide to vacate before the end of the fixed period:



29/01/2018 at 07:06 hours (and at page 5 of our Tenant Renting Guide attached to the same email);
30/01/2018 at 17:13 hours (and at page 5 of our Tenant Renting Guide attached to the same email);
06/02/2018 at 16:00 hours;
06/02/2018 at 17:45 hours.


Open, Transparent And Fair



Our letter dated 11 January 2019 offering a further fixed term tenancy again clearly advised that the AST Agreement document you would both be signing is based on the model Government AST scheme. It is designed to be open, transparent and fair and equal to both parties. We openly confirmed that it contains additional clauses in respect of rent payments, interest charges, rent review periods, use and occupation of the Property, details of circumstances where default charges for breaches of the Agreement will apply; and conditions and clauses arising from local authority Selective Licensing Schemes (where applicable), and statutory obligations in respect of Right to Rent checks.



In accordance with the Government’s preference for landlords to proactively offer tenants fixed term tenancies of longer than 12 months agreements to give tenants greater security and assurance that they will be able to remain in their home the letter stated: ‘We propose to issue a new AST Agreement for a period of 24 months, at a fixed rent of £975.00 pcm, which is £233.33 less than the Average (Mean) rent for the area. Further, a 24 month AST Agreement, will provide you with security of tenure and peace of mind in respect of any further rent increases, especially in view of the uncertainty with the position in respect of Brexit during the coming months and years.
Customer: replied 7 days ago.
I received an email from my agent
Customer: replied 7 days ago.
Can I still leave as per the notice I gave