Assured Shorthold Tenancies

[missspeedy23]

Can anyone confirm something for me please?

We moved into a property in May last year on an assured shorthold tenancy for 6m. We had to re-sign on 1st December and when I spoke to the estate agents, we were unsure whether to sign for 6 or 12m. The estate said that it didn't really matter as as long as we'd been there 6m we could give notice whenever we wanted, just we'd only have to pay one lot of �47 instead of 2 in 12m.

We've seen another property we want with a different estate agents and I've looked at our current tenancy and it says "For the term of 12 months from 1 December 2008". Is what the woman said over the phone correct or has she lied and where do we stand?

Any help really appreciated!

TIA

[kira000]

From what you say about what they told you, If you look, you may well find that you have what is nown as a "break" clause.
This is a common clause, that states that after a certain period, you may give notice and leave before the end.
I have had it before, and it let me give 2 months notice and leave after 6 months.

Have a look see.

[missspeedy23]

I've had a look at the contract and it doesn't have a break clause in it - all it says is that the tenant is responsible for payment of the rent for the entire agreed term. The agreement may not be terminated early unless the agreement contains a break clause, or written permission is obtained from the landlord.

I'll be really annoyed if the estate agent has deceived us into signing for 12m and telling us we could terminate before then. I'm hoping that her verbally telling us that will stand.

[Twenty20]

It would be what is written in the AST that you signed which will stand, not whatever an estate agent said.

It might be possible to complain to the agent but, unless you have anything in writing, it would be your word against theirs and the AST is the legal document.

You could of course write to the landlord directly and explain the situation but, legally, if there's no break clause in the agreement then youre stuck if the landlord refuses to release you.

[Barquentine]

The 'fixed term' in your AST is 12 months. Since you don't have a break clause (to allow earlier termination) you have to pay the rent for the fixed term (you're not obliged to live there but you must continue to pay your landlord).

There is another option though - and that is 'surrender'. Write to your landlord (don't waste effort and time complaining to the agent) offering to surrender the AST. If rents are rising at the moment (and I think I heard there is increased demand for rental premises at the time of writing) he/she may well be keen to accept your surrender - i.e. will give 'written permission'.

Oh..and it's really not a good idea to take legal advice from an estate agent. Some people even question their veracity don't you know!

[missspeedy23]

Thanks all.

My hubby rang the estate agents this morn and they said we were in a contract til December. However when he told them what the lady had said they said that they'd stopped doing break out clause's a while ago - but if that's what we'd been told then they'd honour it! All we have to do is give a month's notice so think we've been quite lucky thankfully. I will know to take more interest in what I'm signing in the future!!!

I think though the landlord would have given us permission as he wanted to get rid of the estate agents and do it privately but they wanted to charge him a ridiculous fee.

Thanks!

[themas]

Don't trust them! All you have now is someone telling you something on the phone. They can easily deny it if they want to. Make sure you let the landlord know what is happening. When you give the 1 month's notice make sure you spell out in the letter everything you have posted here about what has been said to you and (who by). Send the letter recorded delivery and keep a copy.

[missspeedy23]

Thanks for the advice, though my hubby's probably forgotten her name already! I'll ring the landlord if we've any problems, he seems like an OK bloke so hoping we have no bother.

Thanks

[Barquentine]

In future remember that you can make amendments to the document before it's agreed between the parties. You can add in a break clause if it's missing. It depends on the relative bargaining position of each side. If the landlord can easily find another tenant whereas you're desperate to find somewhere to move into you'd not be in a strong position with anything but minor amendments. Worth giving it a try though.