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Leaving a tenancy early

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  • Leaving a tenancy early

    I am currently trying to leave my tenancy using the break clause in my contract, it states,

    C. Termination
    C1. Tenant’s right of termination
    The tenant can terminate the agreement at any time and upon this notice to terminate the agreement early will be accepted by the landlord PROVIDED
    (a) the tenant is not in arrears .
    (b) at least one month’s written notice is provided to the landlord on or before the monthly rent date
    (c) the early termination fee will be retained by the landlord should the tenant not remain at the premises for the term of the tenancy agreement
    d) if the tenant has purchased a furniture package, and has not completed the agreed payment plan they must pay the remaining balance before vacating
    (e) ) the tenant must co-operate with the landlord to enable perspective tenants to view the accommodation

    I have given them my one months notice, I am not in arrears, they have confirmed that they are taking my deposit as an early termination fee, I haven't purchased a furniture package and I have told them I am willing to cooperate with showing people round.

    After I sent them my one months notice they send me an application form they say I HAVE TO fill in or they will not allow me to leave my tenancy, even though it isn't stipulated in the contract anywhere that I have to fill in a form and sign it, now normally it wouldn't be a problem if it was just confirming what was in the contract, but by filling in and signing this form it makes me liable for more things than in the contact, for instance, by signing form I agree to give prospective tenants my number and organize for them to visit my flat and show them around, along with a few other thing I don't want to agree to.

    What should I do in this situation, I think I'm in the right to not sign this application as I have done everything required of me as per the break clause C1 of my agreement, but now they are threatening to no end my tenancy and call it abandonment. I could just sign it but I don't think that's right and don't want to give in to a big awful letting agent trying to exploit people.

    Thanks in advance for your help

    Billy
    Tags: None

  • #2
    Hi Guest,

    Not really my area but felt I had to say something! It appears on the face of it you have complied with the tenancy agreement terms. I suppose the argument is whether your refusal to show prospective new tenants around (and facilitate their visit by giving your personal phone number!) is tantamount to refusal to co-operate?

    What on earth are the managing agents actually doing!! Is there another way such as they contact you when they have a prospective tenant and if you're home then you can agree for tenant to view with you there, but if not they would have to arrange to meet the prospective tenant there and do the viewing themselves? I wonder whether thinking of practical solutions may be worth a try. I don't see why your number should be given out to anyone and also wonder whether this could be a data protection issue if they do give your number out.

    Maybe see if there is some common ground you can reach agreement on but if they continue to be difficult then mentioning GDPR may ruffle a few feathers and make them think. It could be worth contacting a local housing group who may have some ideas? CAB may be useful too https://www.citizensadvice.org.uk/housing/

    Hopefully others will have some ideas or solutions from personal experience. Kati may know someone to tag??
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #3
      Crazy council may know
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

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      • #4
        Hi,
        original poster here but now i have an account, thanks Peridot they unfortunately refuse to let me end my tenancy unless i sign the application which allows them to give my number to random people, and are threatening me with abandonment of the flat and all that comes with that accusation. currently trying to organize some kind of alternative arrangement with them but nothing so far, so im looking into lodging a formal complaint with the company outside of my communication point, and then contacting the ombudsmen.

        I may also mention GDPR as that seems like a reasonable way of making them question why they force their customers to give out their phone numbers, any other ideas will be appreciated and ill keep this thread updated if it progresses further

        Comment


        • #5
          Hi

          You seem to hae complied with your tenancy agreement, it the wording of this that they are streaching

          (e) ) the tenant must co-operate with the landlord to enable perspective tenants to view the accommodation
          This term usualy means in the last 2/4 weeks of the tenacy, the LL can show prospective tenants around with reasonable notice to the TT, and at reasonable hours reletive to there work. They cant force you to do it, infact, it might breack insurances, depending if your in a block or a house.

          Are they offering to pay you for working for them while conducting a business transaction.

          I would simply say that you would not be ok with un-checked, un-solisited people haveing any of your details, or meeting them in your home alone, and that the Agent should attend with any tenant.
          crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

          Comment

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