# Strange Landlord terms for giving notice...Help!!



## Starbuck88 (Nov 12, 2013)

Hi All,

So we found out today that Taylor Wimpey want us to complete on the new house on the 18th of December, bit of a shock as we were expecting end of January early February. We are going on Holiday tomorrow so we were going to give our months notice to the landlord when we got back so we had it in good time for moving in January.

This is the tricky part. We signed a 12 month tenancy but at the last signing, we told our landlords that we are actively looking to buy a house etc and they said not to worry, just give us a months notice.

Either stupid on our part to not get that in writing or we thought that was just normal procedure for leaving a rented property, 1 months notice.

I rang the landlord today to tell them the situation and he said well that's fine but you must pay rent on the flat until we find a new tenant!!!

Can they do that? How could I prove they said we could give them 1 months notice?

I've emailed the estate agents but it's got me worried now. Seems a bit geared up to protect the landlords and not give us any rights at all if this is allowed? Do we have rights, surely people that want to move home due to some reason or other can't be tied in for months on end otherwise everybody would be moaning about it?

What should I do?

Thank You


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## Sicskate (Oct 3, 2012)

Surly they can't make you pay until they find a new tenant.


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## carrera2s (Jun 28, 2009)

If you have signed a new 12 month contract and want to leave they can enforce it as you have signed to say you want to stay the term. Is this right?


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## Cookies (Dec 10, 2008)

What does your lease agreement say chum? There will usually be a minimum agreed term, I.e. 12 months. If you are outside the 12 months, it's likely that a 1 month notice would be fine. If you're within the 12 months, then your contract will tell you what the terms of termination will be. 

Hope you got sorted bud. Btw that's quick!!!! In time for Chrimbo whoop whoop. 

Cooks


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## Starbuck88 (Nov 12, 2013)

We signed for 12 months, but they said to us, "don't worry we won't hold you to it, as long as we get a months notice" we won't hold you up.

Seems he's gone back on this. How can we prove? I assume a verbal contract was made.


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## HarryHedgehog (Aug 13, 2013)

It's your word against the landlord, so really boils down to he contract. If you can terminate early I.e. Before 12 months, is it allowed? And on what terms? Is quite common that if you have signed a 12 months, but want to break it beforehand you have to continue to pay until a replacement is found. 

It's not standard to terminate a 6/12 month part way through, with one months notice unless it's occupied, I.e. No loss to agent. Think about a mobile phone contract, you can't just give a months notice and terminate within the contract period without penalty.

I'd check your contract over from top to bottom, also check emails etc incase you discussed it in writing before signing up. If in doubt, get advice it looked at by CAB, or your estate agent who may deal with letting on a daily basis may be able to give you 10 mins considering its in their interest to keep you happy  ask for a favour!

With the greatest of respect I work on 'if it isn't in writing, it doesn't exist' for contracts, then you protect and are fair to both parties.


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## Guest (Nov 27, 2015)

The other way to approach it is, if you have exchanged contracts with TW, just tell them you can't complete 'till January and let your solicitor deal with any hassle they may try to give you to complete earlier.


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## Zetec-al (Feb 28, 2011)

I can't help you on the landlord side of things.

But.. Just a word of warning around TW. We moved into a TW new build this year. Up to the point of exchanging i was impressed with them but as soon as they wanted us to complete they where like ranging animals. We had to complete on this date or else was the attitude. I even got a phone call from the jumped up sales women we bought it from to say we couldn't have the property anymore if we didn't complete on a certain date. Much to say i just let our solicitor deal with it and everything was fine. 

So in short don't let TW bully you into things. 

I don't mean to put a downer on things, sorry.


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## Darlofan (Nov 24, 2010)

When did you sign the new contract? It will be 12mths from then unless there is a clause which I doubt. 12months contract is to protect you as well as landlord. Unless as someone else said you have an email or something in writing confirming a months termination.


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## RedUntilDead (Feb 10, 2009)

Zetec-al said:


> I can't help you on the landlord side of things.
> 
> But.. Just a word of warning around TW. We moved into a TW new build this year. Up to the point of exchanging i was impressed with them but as soon as they wanted us to complete they where like ranging animals. We had to complete on this date or else was the attitude. I even got a phone call from the jumped up sales women we bought it from to say we couldn't have the property anymore if we didn't complete on a certain date. Much to say i just let our solicitor deal with it and everything was fine.
> 
> ...


Same experience ten years ago with McAlpine. Its hard but you have to stand your ground and ignore the bully boy tactics. They told us (on missing their deadline) that the sale was nulled. As our solicitor explained, for them to sell the property to someone else would take longer than completing with us. They want the money asap.
Delay and let them work around you, within reason.


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## Arvi (Apr 11, 2007)

Regarding the tenancy as mentioned above if it's a fixed term contract then you would have to pay for the entire term and give notice in accordance with the tenancy agreement unless they find another tenant within the fixed term then the landlord may let you terminate earlier. 

Regarding your house purchase, if you have exchanged the the contract will say something along the lines of you having to complete within 10 working days of the NHBC / Building control inspection and sign off. Developers may offer you other incentives to complete sooner if it helps boost there end of year figures but they can't get you in sooner than the building regulation inspection has taken place as its at that point that the house is deemed fit for occupation/ mortgageable.


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## Starbuck88 (Nov 12, 2013)

Big update.

Just received the contracts all looks like the same sort of stuff as from the other developers, if you can't complete you lose all your deposit money etc etc. So I'll give the solicitors authority to sign and exchange and put our £10k into their bank. Scary stuff.

One thing we didn't expect, after speaking the sales office about the issue with the landlord, as it turns out you're all quite right, his word against ours, even though we were completely depending on his word, we should have got it in writing.

Therefore, all the professional advice we've got have said by letting us terminate early and only asking for rent until a new tenant is found, he's being nice about it.

*One thing we weren't expecting* now, was that TW have offered to pay half the rent for each month up until the landlords find a new tenant OR the end of the contract. What the! I wasn't expecting that at all. That has taken quite a load off to be honest.

We're very happy to complete on the house, I worry about stuff so much, I just hope the mortgage doesn't pull out at the last minute and we lose all our deposit, no idea why they would but these things always play on my mind.


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## alan hanson (May 21, 2008)

house moves always throw suprises in the mix just to keep you on your feet always makes it more stressful but feel even better sitting in your new home knowing its yours, hard to describe but it can be a proud feeling  all the best and enjoy they'll be alot more tests along the way


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## empsburna (Apr 5, 2006)

Starbuck88 said:


> Big update.
> 
> Just received the contracts all looks like the same sort of stuff as from the other developers, if you can't complete you lose all your deposit money etc etc. So I'll give the solicitors authority to sign and exchange and put our £10k into their bank. Scary stuff.
> 
> ...


Make sure you trash the place before you leave. Let the landlord know who is boss.


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## m4rkymark (Aug 17, 2014)

empsburna said:


> Make sure you trash the place before you leave. Let the landlord know who is boss.


What a good idea... Not. Only a complete plank would do that.


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## SBM (Jul 4, 2013)

HI Starbuck88

Check the contract you have signed for the rental property. Standard contracts are either a 1 month (or more commonly now) 2 month notice period.

Offer that notice as stipulated in the contract. you have no obligation other than this.

Once you have moved out take meter readings and apply to the DPS to request your deposit back. its that simple..

I am both a landlord and a tenant 

PM me if you need anything else

Good luck buddy


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## Estoril-5 (Mar 8, 2007)

Starbuck88 said:


> *One thing we weren't expecting* now, was that TW have offered to pay half the rent for each month up until the landlords find a new tenant OR the end of the contract. What the! I wasn't expecting that at all. That has taken quite a load off to be honest.
> 
> .


get it in writing!!!!!


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## alan hanson (May 21, 2008)

empsburna said:


> Make sure you trash the place before you leave. Let the landlord know who is boss.


please say this isn't you being serious?

reason i ask is i do a some work which involves repainting rentals, when i go round to find they have smeered ****e all over the walls on the carpet, peed everywhere you name it its been done i just dont get why


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## Starbuck88 (Nov 12, 2013)

empsburna said:


> Make sure you trash the place before you leave. Let the landlord know who is boss.


haha, I know you're joking, made me chuckle.



SBM said:


> HI Starbuck88
> 
> Check the contract you have signed for the rental property. Standard contracts are either a 1 month (or more commonly now) 2 month notice period.
> 
> ...


Hi, no we are on a 12 month contract with no break clause. I sought legal advice on it properly and unfortunately there is no way out.

They did say the landlord has been a bit of a creep by getting us to sign a new 12 month contract every 12 months.

I thought it was normal, it was the first and only rental place we've lived in, of course now, I know it's not the norm.



Estoril-5 said:


> get it in writing!!!!!


Yep, Taylor Wimpey are already raising the first cheque in anticipation of us needing to pay Januarys rent. I have all the emails from the developer, solicitor, financial advisor all saved, all recorded.



Thanks guys.


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## justina3 (Jan 11, 2008)

What is the duration of the contract left ? If it's only a short while I would call his bluff and tell him to jump remember for him to get the funds off you it won't be cheap legal costs small claims court ect

Good luck with the new house as if Xmas wasn't stressful enough


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## Starbuck88 (Nov 12, 2013)

justina3 said:


> What is the duration of the contract left ? If it's only a short while I would call his bluff and tell him to jump remember for him to get the funds off you it won't be cheap legal costs small claims court ect
> 
> Good luck with the new house as if Xmas wasn't stressful enough


It's until 1st of May. £2440 worth.


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## SBM (Jul 4, 2013)

Starbuck88 said:


> haha, I know you're joking, made me chuckle.
> 
> Hi, no we are on a 12 month contract with no break clause. I sought legal advice on it properly and unfortunately there is no way out.
> 
> ...


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## alan hanson (May 21, 2008)

if you move out in jan how will you know if he has filled the rental and not getting monies of you too?


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## Starbuck88 (Nov 12, 2013)

SBM said:


> I would check this with citizen's advice, this is an unfair contract and is very biased towards the Landlord. Is there an option in it for the landlord to serve notice? If there is it would almost certainly be dismissed as an unfair and therefore un-enforceable contract.
> 
> I certainly would not accept the "legal advice" you have been given here


No there isn't anything in there about landlord being able to serve notice.



alan hanson said:


> if you move out in jan how will you know if he has filled the rental and not getting monies of you too?


I'm keeping our keys and he can lump it, whilst we're paying rent, we pay the bills and council tax, so it's still our flat until the moment the agreement is ended so that new people can move in.


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## Starbuck88 (Nov 12, 2013)

UPDATE - 

Well estate agents viewed a nice couple on the flat a couple of days ago and they've said they want it and also mentioned a date when they want to move in, which is before Christmas!

So as long as they don't pull out, pass the background checks, all is sorted and well


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## matt-rudd (Jan 4, 2015)

Starbuck88 said:


> UPDATE -
> 
> Well estate agents viewed a nice couple on the flat a couple of days ago and they've said they want it and also mentioned a date when they want to move in, which is before Christmas!
> 
> So as long as they don't pull out, pass the background checks, all is sorted and well


Happy days for you and the landlord! Now to hope you get your bond back (sorry if this has been mentioned I haven't read it all)


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## Starbuck88 (Nov 12, 2013)

matt-rudd said:


> Happy days for you and the landlord! Now to hope you get your bond back (sorry if this has been mentioned I haven't read it all)


Estate agent has told landlord that apartment is fine but landlord wants to come and check on Monday for himself.

This is the next thing isn't it, he better not give me hassle.


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## alan hanson (May 21, 2008)

did you take pictures when you moved in?


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## Starbuck88 (Nov 12, 2013)

alan hanson said:


> did you take pictures when you moved in?


No but nothing has changed at all.

The only thing that's changed it was brand new when we moved in with new appliances and things have been used. Bits have occurred over the past 2 years with settling but that is to be expected and they know about.

We keep everything clean, tidy and any bits where I've put a couple of pictures up etc, I'm going to fill the small holes and paint over.

We've done no damage what so ever.


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## Bero (Mar 9, 2008)

The landlord can force you to pay for the full 12 months regardless of whether you're living there or not. That's the whole point of a contract!

It also prevents him from leasing the property out to someone else for £50 a month more and just kicking you out. Dont think the estate agent is working for you, they're not, you don't generate them money, the landlords do.

He has very kindly offered to put himself and the estate agent to the hassle of sourcing a new tenant, checking their references, doing additional checks on the property and the risk that the new tenant is worse than you at a time when they don't have to.

If it went to court (it wont) you would have a very hard time convincing a judge that a verbal and unrecorded conversation takes president over a written contract. In any case your contract is probably with the estate agent so the landlord would have no authority to modify the terms!

You should call the estate agent and landlord up and wholeheartedly thank them for the kind gesture!

Now, read your contract with TW. You both have to comply with the terms of that....that's how contract work, right? If you don't contractually have to sign earlier than the other date you were given, you can tell them you'll wait.

Or you can agree to sign on the basis that they pay the cost of your lease between the new signing date, and the original date (and no more).

If you're not obligated to sign this month you can probably squeeze TW somewhat, I assume they're pushing to book the revenue in 2015 which they can only do if you sign this month.

Was/is there anything you like in the show home? You can say you'll sign in December if they pay your months rent, and give you the Sofa/dining table/whatever from the show home. It's minimal cost to them, especially if the regional people are trying to make a budget / bonus level before year end! :thumb:

Oh and goodluck, and know the details of the contracts you sign and stand firm on the terms if it suits your needs.

Looks lake a bit of a thread revival on my part


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