replied 2 years ago.
If it helps, this was my initial email:Dear Sir/Madam,I am writing with regard to my tenancy agreement for 'An Assured Tenancy Agreement with HTC', from 7th Day of April 2016 to the date of this correspondence for the property of 'Flat 10 The Goldings 130-138 Plough, Road, London, SW11 2AA' or 'the/this/said property' from here on within this correspondence.
Having sought legal advice, my instruction is to present you with the facts I have in my possession before continuing with any legal proceedings as to the perception, state and understanding of said agreed contract/agreement.From 7th Day of April 2016, 'I', ('Robert Ian Oliver', 'I', or 'RIO' from here on within this correspondence), signed a contract (Attac. 'Please_DocuSign_this_document_AST_2016-_2017.pdf') for 12 months, with a break clause (Schedule 5, p.20) coming into effect on or after 12 months, of 60 days.On the 27 February 2017 I received an email, ('Attac. Renewal of your Tenancy.msg') clearly stating its purpose of renewing the contract ('attac. Please_DocuSign_AST_Renewal_2017-18_-_10_The.pdf'), a renewal agreement made on the 20 March 2017 for a contract to be renewed to "start on and include the 16th May 2017 and shall end on and include the 15th May 2018 but subject to clause (Schedule 3, clause 5, 5.1 & 5.2)"At this time I had a conversation with Eliza Banasiak ( 'EB' or 'Eliza' from here on within this correspondence), EB, Property Manager under employment of The Happy Tenant Company,(###) ###-####at Churchill House 120 Bunns Lane, London, NW7 2AS VAT No.###-##-#### after receiving stated email.Fully aware that there would be a rent increase as it was clearly stated within the contract and cover letter attached to the email, a phone conversation was required due to concerns over the rent increase I had received, an error in an email sent by EB, (see attac. Renewal of your Tenancy - 10 The Goldings.msg), stating that the rent is due to increase to £2500 per month. After verbally recognising and adjusting the error EB's end, the amount was changed to £2050, which I only agreed to after confirming the details within the contract. It was this phone call where EB confirmed that the break clause of 60 days would come into effect as I had been in the property for over 12 months. The only adjustment would be the rental amount of £2000 p/m to £2050.Completing the contract via Docusign, the on screen document also clearly stated 'Renewal'. (See attc. RENEWAL.jpg), top-left hand corner of every page, title of document and title, subject and body of all correspondence relating to this renewal.It was my understanding that from the '16th May 2017' to the '15th May 2018' my contract would be in effect 'but subject to clause (Schedule 3, clause 5, 5.1 & 5.2)'.I even said this to the landlord in person during his visit earlier this year. He didn't question it, just asked if I was thinking of moving out.On the 10/08/2017 I received an email from HTC, from Selda Mehmet, informing me that she would be my new point of contact.After this date, the boiler in the property ceased to function properly. sadly this dragged on for just over a month. So I was without hot water and heating for this period.
I kept my attitude pleasant and accommodating, however, after the first week of having to use cleaning facilitates both for myself and my clothing etc, I began to become rather annoyed. I had to make myself constantly available to let contractors into the premises,
interrupting my employment and weekends as people seemed to turn up and say it wasn't their 'kind of job'.And at no time during or after this huge inconvenience was I offered any remuneration or compensation (see section 11. (F7-(5)), Landlord and Tenant Act 1985CHAPTER 70After making Selda aware that I wished to give 60 days notice, she informed me that I was - from her understanding, suddenly without right to the break clause as I had "signed a new contract".I simply didn't agree with this, however, that was the only response I could receive.My personal and employment situation now means that I will be vacating this property for the 31st of January, 60 days after giving my notice. Said notice has been acknowledged by SM, with her comments stating that I will be liable for the rent until 15th May 2018.I strongly disagree with this conclusion for 2 main reasons:1. I signed a renewal contract legally providing me with break clause (Schedule 3, clause 5, 5.1 & 5.2,) verbally confirmed by an employee of HTC on the 1st March 2017
AT NO POINT BEFORE, DURING OR IMMEDIATELY AFTER WAS I INFORMED IT WAS A 'NEW CONTRACT'Quite simply, IF A CONTRACT HAS A CLAUSE THAT ONLY COMES INTO EFFECT AFTER 12 MONTHS, WHY IS IT RENEWED EVERY 12 MONTHS? This makes the break clause unattainable and therefore questionable against the Housing Act 1988, Schedule 2, and the Landlord and Tenant Act 19852. I was without hot water for just over a month breaking terms within the Landlord and Ten