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 Can an apt offer a 6 month lease, but then write up lease for 7 months without disclosing this to the tenant? |
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Sean H | My tenancy is about to expire and the agent told me I cant move out as the others want to stay is this true? |
I am in a joint short hold tenancy that runs from the 12th of October 06 to the 12th of October 07. I would like to move out on this date but the others wish to stay on. I have been told by the estate agent that I cant move out and that I will be subject to an new tenancy despite not signing a new tenancy. I can not find anything in the contract that says the tenancy would be automatically renewed or extended. I have not seen or signed a new tenancy am I stuck and do I have to stay on? or is the agent lying to me. If anyone could give me a few pointers on where to get some help regarding this or if anyone could tell me where I stand as I find this very confusing that I can be roped into a new contract that I don’t want and have not signed. |
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littlemissgio
|
This isn't true. Because you are house sharers you can move out at the end of the tenancy before the new one starts. What the estate agent should tell you is that you can have something called a sharer split. This allows you to move out and a new sharer to move in. The new sharer will need to be referenced to make sure there no ccj's defaults, has a job, bank account ETC. Ask you agent about this. If you move out before the tenancy expiry date you are still reliable for any damages, wear and tear and also rent at the property. Ask them for advice. If not point out ARLA www.arla.co.uk / com hope this helps |
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Paul S
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you can leave at the end of the agreed period ie, 12 Oct 07. All they will do is amend the new agreement to be split over the ones remaining until they find someone else.
a joint tenancy is all about who is liable to pay the rent. the agreement is signed by all parties and once the date is up, you either renew on the same terms with the same people, or you leave and someone new comes in where a new agreement is drawn up.
tell the agent to F off, he talking balls. dont sign anything, just pack up ya stuff and leave on the day the agreement ends.
as long as you dont sign anything, you are not comitted to live there.
dont worry about it. the agent just wants easy money and cant be arsed to find a new tennant to take your spot. he just using scare monger tactics.
if still unsure, (i assume your a student?) go to your uni for help, or if not a student, go to citizens advice bureau. |
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derbyandrew
|
Quite frankly they are talking sh1te. In a joint tenancy any one of you has the right to end the tenancy. However if one ends the Tenancy all individuals party to the agreement will have to leave, unless those who remain wish to re-negotiate with the Landlord and sign a new tenancy.
For a point of reference the same is true on evictions - if the Landlord serves notice on one joint Tenant, all have to leave.
If you want to leave you can quite rightly and legally give notice and leave. If the others wish to stay it is up to them to negotiate a new tenancy. |
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Impa
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You can do what you want! This is the gaul of estate agents the whole world over, do they go to a training school to deliberately stuff people up? It really grates on me that they think they can! (Sorry, a bit of a rant but I've never had a fully happy experience with any estate agents.)
If the tenancy signed is for 12 months, with a 6 months get out clause (i.e. give them 1 or 2 months notice) then you're ok. They need to draw up a new tenancy for the rest of the gang but as an act of good will, maybe you should help them find a replacement for your room. |
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TallPaul
 |
Sounds like you need to get someone to move in to take on your half of the tenacy, or you will both be out on the street. Don't sign, and see what happens. |
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Little Rach
 |
hi there, i'm not really sure what you can do but i know someone who will, take your contract to your nearest Citizens Advice Bureau they can tell you everything you need to know and its free go there for all legal help. Go to the link to find your nearest one. good luck :-) |
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stormydays
 |
They dont know what they are talking about.
If your tenancy ends and you want out then get out. The remaining household can enter into their own tenancy agreement with the agency |
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george_graham_crayford
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depends if you are named on the agreement but if its running out you dont need to worry and DONT resign
you signed a fixed contract, if its up...its up, end of story
theyre full of **** |
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rex m
|
Surely the agent needs to take new references on all lettings be their initial or renewal?
Cant understand why they would insist that you renew. Also surely the contract is joint and several. IE; all the other residents would be liable for the rental, irrespective of how many tenants renew at this point. I'm sure they would not want to renew, knowling that they are liable for your share if you do not renew. Why cant the existing tenants/agents source a new tenant as your replacement. I defiantly would steer towards that the contract expires on 12th October 2007 and you do not signed a new contract than your liability would end, under the current contract. You want to ensure that the contact does not fall into a periodic tenancy (IE; a new contract is not signed but the same t & c applies) As if this was the case you would still be liable. Also, how can you liable for a new tenancy when the contract is still yet to expire? It looks like they are renewing this on a 'periodic basis'.
Perhaps you can approach the lanldord direct, there details should be on the section 48 notice in your contract. I think they are probarly not aware of the situation. I'm sure that they would not want a problematic tenancy. The agent here, is definateley looking to renew, to claim there next lot of fees!!
best of luck |
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Maggs
 |
If there is nothing in the contract that says it will be automatically renewed, then no. It's up to the other tenants to find another one to share. Go to your local CAB, they will give you the correct advice. And don't sign anything else until you have seen them. |
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shih tzu lady
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Your tenancy, as far as you are concerned, expires on 12 October. It is up to you whether you sign for a further period and stay on - no-one else. They will require YOUR signature for YOUR part of the property and require YOUR rent to pay for it. If you dont pay your rent and dont sign another tenancy they cant get the Gestapo to force you to do it. Whatever anyone else wants to do is up to them - but for you your tenancy is up on 12 October. Tell them to "shove it, thank you very much". They cant make you stay.
The only thing I think can happen is, if the others want to stay, they will have to find someone else to share, and if they can't they will have to proportion the rent accordingly. e.g. If there are 4 of you sharing now and you each pay 1/4 of the rent, they will have to find 1/3 each of the rent if they cant find another to share! Simple! Good luck. |
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c g
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seek help, the cab, or a free surgery at a solicitors, it sounds very dodgy to me, i mean when a couple split up and have a joint tenancy, one still moves out and thats ok. |
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