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Hello,
I'm kindly asking you for help.
I’m renting the room with a letting agency with assured shorthold tenancy agreement which states that I'm obligated to give 2 months of notice.
But now, after 6 months of the tenancy, it automatically continues as a Statutory periodic tenancy agreement. Following the citizen advice's statement on their website: “the amount of notice you have to give to end your tenancy will depend on the type of tenancy you have: Periodic tenancy, if you don't live with your landlord - 1 month’s notice if your tenancy runs from month to month.
The agency does not want to accept the 1 month notice, referring to mentioned 2 months of notice stated in the shorthold tenancy agreement. Also, they contend that I am obliged to find a replacement tenant and I am liable for the room until the new tenant is found even after my moving out date and the notice period already been served.
They contend that I am liable for the empty room (the period within the 30 days after ending the tencancy) of releasing the deposit even if I’m no longer in the property and returned my keys.
Below extract of my contract:
2. You will have the property and the furniture for a minimum of 6 months
If, at the end of this time, you stay in the property the tenancy will continue as a statutory periodic tenancy. The periods of this tenancy will depend on the period for which you pay rent. You must give at least 2 months notice to end it. Such notice must be given on the day that you normally pay rent, or will be taken to run from the next date that you are due to pay rent. This notice must end on the last day of a tenancy period. Such notice must be sent by email to the address
If you do not find a replacement tenant for when you leave the property, we will make a rent arrears deduction from your damages deposit for each day that the room is left empty after your departure. A rate equal to the rent divided by 30 will be deducted from your damages deposit for each day during which the vacated room is left empty, up to a maximum of 1 month, and the total of the damages deposit.
...
If you decide to end your stay within your minimum rental period, we may retain your damages deposit in full. However, at our discretion, and if a replacement tenant can be found, we will allow you to end your stay early within your minimum rental period. In those circumstances, an early check-out fee of £300 will be applied, to cover the administrative and other costs associated with a shorter than agreed stay. The fee will be applied via GoCardless as soon as we have received notice of your proposed early move-out.
If you wish to end your stay on a different day of the month than your contract end date, we may allow you to do so and will refund any days of unused rent to you, subject to a replacement tenant being found to take the room from the earlier date. A flexible check-out fee of £90 will be applied, to cover the administrative costs of making changes to your rent due date, including calculating and applying any refund of rent due. The fee will be applied via GoCardless as soon as you tell us that you would like to end your contract on a different day of the month. In these circumstances, you will be required to pay a full-month of rent for the final part of your stay, and you will be refunded back unused rent subject to the date that a replacement tenant takes the room.
My questions are:
Any advice on those topics will be highly appreciated. Thank you very much in advance.
Best,
Maria
I'm kindly asking you for help.
I’m renting the room with a letting agency with assured shorthold tenancy agreement which states that I'm obligated to give 2 months of notice.
But now, after 6 months of the tenancy, it automatically continues as a Statutory periodic tenancy agreement. Following the citizen advice's statement on their website: “the amount of notice you have to give to end your tenancy will depend on the type of tenancy you have: Periodic tenancy, if you don't live with your landlord - 1 month’s notice if your tenancy runs from month to month.
The agency does not want to accept the 1 month notice, referring to mentioned 2 months of notice stated in the shorthold tenancy agreement. Also, they contend that I am obliged to find a replacement tenant and I am liable for the room until the new tenant is found even after my moving out date and the notice period already been served.
They contend that I am liable for the empty room (the period within the 30 days after ending the tencancy) of releasing the deposit even if I’m no longer in the property and returned my keys.
Below extract of my contract:
2. You will have the property and the furniture for a minimum of 6 months
If, at the end of this time, you stay in the property the tenancy will continue as a statutory periodic tenancy. The periods of this tenancy will depend on the period for which you pay rent. You must give at least 2 months notice to end it. Such notice must be given on the day that you normally pay rent, or will be taken to run from the next date that you are due to pay rent. This notice must end on the last day of a tenancy period. Such notice must be sent by email to the address
If you do not find a replacement tenant for when you leave the property, we will make a rent arrears deduction from your damages deposit for each day that the room is left empty after your departure. A rate equal to the rent divided by 30 will be deducted from your damages deposit for each day during which the vacated room is left empty, up to a maximum of 1 month, and the total of the damages deposit.
...
If you decide to end your stay within your minimum rental period, we may retain your damages deposit in full. However, at our discretion, and if a replacement tenant can be found, we will allow you to end your stay early within your minimum rental period. In those circumstances, an early check-out fee of £300 will be applied, to cover the administrative and other costs associated with a shorter than agreed stay. The fee will be applied via GoCardless as soon as we have received notice of your proposed early move-out.
If you wish to end your stay on a different day of the month than your contract end date, we may allow you to do so and will refund any days of unused rent to you, subject to a replacement tenant being found to take the room from the earlier date. A flexible check-out fee of £90 will be applied, to cover the administrative costs of making changes to your rent due date, including calculating and applying any refund of rent due. The fee will be applied via GoCardless as soon as you tell us that you would like to end your contract on a different day of the month. In these circumstances, you will be required to pay a full-month of rent for the final part of your stay, and you will be refunded back unused rent subject to the date that a replacement tenant takes the room.
My questions are:
- Do I have a right to be released of the tenancy within 1-month notice accordingly to SPT regulation or I am still liable to Assured shorthold tenancy agreement contract which states that I am obliged to give them 2 months of notice at any case?
- Does the letting agent have any right to hold me to the obligation of finding replacement after my notice is served? and is it legal to take my deposit money to cover potential "damages" after my check out even if I release the room in a perfect condition?
Any advice on those topics will be highly appreciated. Thank you very much in advance.
Best,
Maria
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