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Real estate agent did not send pre-tenancy agreement (London property)

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  • Real estate agent did not send pre-tenancy agreement (London property)

    Hello and thank you for taking the time to read this. In the end of April the agent responsible for my current property reached out to me so as to negotiate terms to renew the contract for the next year (contract expired end of June 2022). We had reached an agreement but the agent never sent a pre-tenancy form to make it legally binding. So around the beginning of June I get served a Section 21 notice to vacate the property once the contract expires but since the law requires a 2 month minimum notice period, the "updated" checkout date was end of July.

    The problem is that in doing so they have forced my hand to use the month of July as I needed it to move my stuff out and clean the apartment and thereby paying for the month as well when in reality if I was not deceived in this way I would have been gone by the end of June (I would not have lived in London in July so that month would not have been paid if the contract was not to be renewed)

    My question is: Can real estate agents negotiate with tenants, reach an agreement and omit to send a pre-tenancy agreement and (in an extreme case) wait a couple of days before the contract expires to serve a section 21 notice and force the tenant to use the extra months given by law (assuming he needs it since he was informed last minute) thereby making him pay extra rental month(s)?
    Tags: None

  • #2
    The s21 notice does not set the date you leave. If you negotiated to leave at te end of June, why did you clarify this with the agent and leave at the time agreed?

    Comment


    • #3
      Thank you for the response. The checkout date was given by the landlord/agent in the s21 email, there was no negotiation, they just instructed us that this will be the checkout date.

      Furthermore, my question is can you delay/not send the pre-tenancy agreement even though there was an email agreement as in my case?

      Comment


      • #4
        Do you mean tenancy agreement? (I do not understand the "pre".)
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Hi, thanks for responding. I mean the agreement whereby the rental price is agreed and signed off by both the landlord and tenant (not the contract)

          Comment

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