16 replies to this topic

[asmith88]

Ok basically i have lived at my current adress for 6 months, i signed a lease/tenancy agreement and sent it in the post to the agent, a week later i collected the keys off them and moved in. Two months ago they got back to me saying they had no lease on file for me! I had signed to say i had given a deposit, bank details for direct debit and given guarantor details.

They have sent me out a new lease to sign, but i want to move out in a week anyway! If i sign the lease i will be tied in for another 6 months? (it was ment to be a 12 month lease)

So where do i stand, if i say no to signing the lease do they have a right to make me pay rent for a place i wont be livin in 4 another 6 months?

Any help would put my mind at rest for tonight until i can get to the Citizens advice bureau tomorow!

[minili]

If you signed up for a 12 month lease then you're tied in anyway And even if you weren't you'd have to give more than 1 week's notice.

You may find if they've "lost" your records and now you want to break the contract, you won't get your deposit back. Don't know about you, but that seems like alot to lose! And you wouldn't have much of a leg to stand on, as it is you who has broken the contract.

Why don't you have a copy of the original lease agreement? Every party in the tenancy (tenant, landlord, agent) should have one.

[Bungle]

if you want to move out in a week you should of told them you were leaving 3 weeks ago

you as a tenant have to give a months notice and as a land lord they have to give you 2 months

looks like your going to be stuck with paying a months rent after you have left

clicky link might be useful

[davidv]

If you are moving soon sign nothing.If you sign up you will get the bill.Even if not there.Sounds like you have a bad one.Tell them to take the charge from the deposite while your there because i do not think they will give it you back at the end of the deal.Might be wrong.

[asmith88]

Ok

A) they or I have no record of a tenancy agreement in signed my name.
B) If thers no lease, it can't be broke so i surely legally i have to get my deposit back?
C) I dont mind if i have to give a months notice, i have payed my rent fo another 30 days anyway!

[minili]

But if they have no record of you then presumably they have no record of the deposit, so why would they give you money they don't know you gave them?

Can of worms IMO


You could go down the "this is disgraceful how can you lose my details you thieving useless mushyheads, I don't want to deal with imbeciles, I will have my things removed by this date and will want my deposit back immediately" route...?

[Shifty]

I thought that the usual Tennancy agreement was a contract for the first 6 months and then after that it was a 1 month rolling contract that could be cancelled with 4 weeks notice?

[minili]

I thought that the usual Tennancy agreement was a contract for the first 6 months and then after that it was a 1 month rolling contract that could be cancelled with 4 weeks notice?

Depends on the contract I had the choice when I moved in to my house, of 6 or 12 month lease, sounds like smith either didn't get the choice or signed up for 12

[Bungle]

I thought that the usual Tennancy agreement was a contract for the first 6 months and then after that it was a 1 month rolling contract that could be cancelled with 4 weeks notice?

4 weeks by the tenant but 8 weeks for the land lord

[asmith88]

But if they have no record of you then presumably they have no record of the deposit, so why would they give you money they don't know you gave them?

I have a bank statement with the amount going to said management company so this should cover this problem, either way the money i could save if i dnt have to pay 6 months rent will far outweigh the deposit, so if i dnt get it back its no big deal

Shifty - it says

"the term shall be from and including 01/09/2009 to 01/08/10"
"To end the tenancy periodically 'I' must give one months written notice must expire before a rent due date"

What does periodically mean?

[Shifty]

I'd assume it means that to end the rental period you have to give 1 months notice before the date the rents dues ie..

Rents due 1-8-10

To be able to quit the house on that date you'd have to give notice before the 1-7-10

I'm not sure if they're implying that you can only quit every 12 months though?

[asmith88]

Ive sidetracked off the point! Surely it is all irrelevet if i havent signed the agreement in the firts place!!

[davidv]

Only popped back fast will read up.Many steal deposites.Take care they may not play fair.It is a sad common thing.Others post on this please.Own renting past problems.

[Bungle]

the agent doesn't hold your deposit it is held by a 3rd parity just incase there is a dispute

[alicetheauto]

Ask them for details of your deposit in the deposit protection scheme. It is a legal obligation of theirs to put it in an account of your name which you should have details of. Mention this and you can get out of anything.........