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Author Tenancy agreements
Sam
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Registered: 24th Dec 99
Location: West Midlands
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23rd Nov 10 at 13:41   View User's Profile U2U Member Reply With Quote

If you sign a 6 month agreement, are you allowed to leave within that 6 months (regardless of the terms written in said agreement)?
Kerry
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Registered: 5th Oct 01
Location: Norwich
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23rd Nov 10 at 13:42   View User's Profile U2U Member Reply With Quote

yes but u will have to pay up for the 6 months
Sam
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Registered: 24th Dec 99
Location: West Midlands
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23rd Nov 10 at 13:50   View User's Profile U2U Member Reply With Quote

Arse.
Kerry
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Registered: 5th Oct 01
Location: Norwich
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23rd Nov 10 at 13:52   View User's Profile U2U Member Reply With Quote

there will be a notice period too so say its a month and u wanted to move out at the end of your 6 month agreement u need to give notice at 5 months
Sam
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Registered: 24th Dec 99
Location: West Midlands
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23rd Nov 10 at 14:00   View User's Profile U2U Member Reply With Quote

Could we argue that the agreement isn't worth the paper its written on?

Basically landlord turned up last night telling us he's putting the rent up and got us to sign an agreement starting from January 2011 with the new rent increase (he wanted to start from December but we told him no, as I'm pretty sure he's supposed to give us at least a month's notice).

We signed it but there's no witness signature (as there was no witness) and ours and his address details aren't filled in, only our names and the rent amount and dates.

We want to buy a house soon so was just wondering whether we HAD to stay here until June in light of the above.

[Edited on 23-11-2010 by Sam]
Gary
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Registered: 22nd Nov 06
Location: West Yorkshire
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23rd Nov 10 at 15:09   View Garage View User's Profile U2U Member Reply With Quote

Surely the contract states the rent amount and what teh score is with rent increase?

Just tell him to GTF. Tenants have more rights than the landlords. He cant even throw you out if you dont pay so just keep paying your current amount.
Sam
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Registered: 24th Dec 99
Location: West Midlands
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23rd Nov 10 at 15:30   View User's Profile U2U Member Reply With Quote

Well we agreed to pay current rent until January and then new rent from January onwards, but I don't want us living here for another 3 years as he does fuck all maintenance to the house and blatently couldn't GAF
(we've had to redecorate most of the house ourselves as it was mouldy and shitty, and I even had to replace some light switches because they were broken/cracked even though he said he'd change them - got fed up of having switch tripping in the consumer unit and having to change blown lightbulbs every fucking week).

I read on some site earlier that if you leave before the 6 months is up, you have to pay 6 months worth of rent regardless unless we get someone to take over the tenancy (and he agrees).

I think I need to speak with a lawyer about this really

[Edited on 23-11-2010 by Sam]
Gary
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Registered: 22nd Nov 06
Location: West Yorkshire
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23rd Nov 10 at 15:55   View Garage View User's Profile U2U Member Reply With Quote

I read on some site earlier that if you leave before the 6 months is up, you have to pay 6 months worth of rent regardless unless we get someone to take over the tenancy (and he agrees).


This. True.

I did it. Was a month before my tennancy was up and i told them i wanted out asap (i'd bee broken into and really didnt wanna be there)

He found someone else and off i went to whitties!

If he's been a cunt. tell to get to fuck!! Cant see him chasing you for anything if its a private let
Rob_Quads
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Registered: 29th Mar 01
Location: southampton
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23rd Nov 10 at 16:40   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Gary
He cant even throw you out if you dont pay so just keep paying your current amount.


Yeah great advice - as he has already signed a contract the landlord would find it very easy to take it to the small claims court, win and then he would have a judgement against him when he is looking to move out and buy a house. Mortagage companies don't look on kindly to that sort of thing.

I think there is a cooling off period with contracts - thats your best avenue. Other than that your only chance is on a technicality of the form not being fill out properly.

Limecat
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Registered: 25th Jun 05
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24th Nov 10 at 02:58   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Sam
Could we argue that the agreement isn't worth the paper its written on?

Basically landlord turned up last night telling us he's putting the rent up and got us to sign an agreement starting from January 2011 with the new rent increase (he wanted to start from December but we told him no, as I'm pretty sure he's supposed to give us at least a month's notice).

We signed it but there's no witness signature (as there was no witness) and ours and his address details aren't filled in, only our names and the rent amount and dates.

We want to buy a house soon so was just wondering whether we HAD to stay here until June in light of the above.

[Edited on 23-11-2010 by Sam]


Change of contractual terms. Go and see the CAB.
neoquip
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Registered: 12th Aug 02
Location: Nottm
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25th Nov 10 at 14:03   View User's Profile U2U Member Reply With Quote

You can only do a rent increase if its a new contract term, also you have to give as much notice to the tenant before the old contract runs out. I give at least One month snotice when doing this.
Most of my tenants just carry their contract over the fixed term.. (9months) then it allows them to give only one months notice to move out without being still tied in to the length of the contract.

The issue that would bother me for you, is that the contract isn't signed fully... (have you a copy of it all signed?)


You can move out mid term, but you'll not get the depost back. You could be taken to court if the landlord can be bothered.. hence why a deposit is paid up front.

What you could do is, come jan, still pay same rent each month, let him chase you for the extra.... then give notice you're moving out, when you're ready.

Its not nice to do that but he sounds like a dodgy landlord to me and it tars us good ones with the same brush



BTW...
when did you move in?
Did he take a deposit?

give details.. i have a plan!!!!

 
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