Assured Shorthold Tenancy. - Page 2

KEN BATTY · 7th December 2011, 21:56

different scenario but a phone contract with vodafone is for 12 months if you leave early they want the money upto the last day
even to the tune of wanting payment after my wife had passsed away got out of it with some difficulty.

3stripes · 7th December 2011, 22:32

not being a legal expert at housing contracts but i,d take a guess that yes both parties must give each other 1months notice if either wants out, but how was contract worded? i know a guy that paying an arm and a leg for a house and when told there a cheaper house elsewhere he,d say his contract is worded in such away he got to pay till the end of term unless the landlord gets new tenants
phil

DavidNW · 8th December 2011, 09:09

Quote:

Originally Posted by 3stripes

not being a legal expert at housing contracts but i,d take a guess that yes both parties must give each other 1months notice if either wants out, but how was contract worded? i know a guy that paying an arm and a leg for a house and when told there a cheaper house elsewhere he,d say his contract is worded in such away he got to pay till the end of term unless the landlord gets new tenants
phil

The tenancy agreement made no mention of a 'break clause' so that the tenancy could be ended early by either party. From what I've researched so far, if there is no 'break clause' then the tenant is bound to see out the full term; otherwise pay the rent up to the tenancy ends. The tenant can give one month's notice from when the tenancy agreement ends. however, the tenant in question, wants to give just one month's notice (from yesterday) - the tenancy agreement runs until 31st March, so they would have left by 7/01/2012 - which, I think, breaches their tenancy agreement, which was from 24/11/2011 to 24/03/2012.

3stripes · 8th December 2011, 09:32

i do think the tenant been unfair as surely they had an idea that they,d be moving on as quick, they claim to have been to c.a.b so why don,t you visit them or ask a lawyer for advice on matter, as i say could be how contract is worded, if this lot get away with it then add a new condition on next contract stating if tenant leaves early they pay remainder of contract

shadowfax · 9th December 2011, 16:15

The point of my post was to confirm that if no alterations or amendments to confirm get out clausees or notice periods in contract. then the funds should be paid up until contract end not just 1 months notice. Whats point of contract otherwise. That said the. Practicality is that if they leave and are untraceable then funds lost anyway. Apologies. Typed this on my awful phone!

James.uk · 9th December 2011, 17:21

If you agree to a fixed term contract then you are stuck with it.. End of... innit...

...

DavidNW · 9th December 2011, 17:42

Quote:

Originally Posted by James.uk

If you agree to a fixed term contract then you are stuck with it.. End of... innit...

...

Apparently not, went to the C.A.B and was told all the tenant needed to do was give one month's notice, even in the middle of the tenancy agreement. The tenancy agreement, had to clearly state that the tenant could not break the agreement - and if she or he did, then they would be liable for the rent until the end of the agreement. The tenancy agreement did not contain this clause, unfortunately.

We had researched (on the Net) and found that if no clause was in the agreement as mentioned above [and it wasn't, as stated], then the tenant had to see the agreement out, or pay the rent until the end of the agreement.

Live and learn, eh. Just makes you wonder if these tenancy agreements are worth the paper they are printed on.

Well, we still have our lovely 75 -all cleaned inside and out and looking so very good!!

chipsceola · 9th December 2011, 19:45

You have to be careful with legal opinions on the 'net due to more than fair sprinkling of US laws etc., not saying that's the case above, but it is easily confused one side of the pond to the other.
Chips

James.uk · 9th December 2011, 19:52

That makes no sense. If you have an agreement in writing, then it must be legally enforceable, or no one could make any such agreements about anything could they???

...

scouseeric · 9th December 2011, 20:11

Just a view from the tenants side of this debate. My son is living in rental property and had signed up to rent a property for 12 months. Deposits paid etc but after four months' and one month before the birth of his daughter, his landlord gave them one month's notice to quit the house as he was selling up. This is legal under the terms of the contract according to cab and happens all the time apparently.

Eric

9th December 2011, 16:15	#15
shadowfax Gets stuck in 75 Auto connie B R G Join Date: Oct 2011 Location: Bicknacre , Essex Posts: 518 Thanks: 20 Thanked 4 Times in 4 Posts	The point of my post was to confirm that if no alterations or amendments to confirm get out clausees or notice periods in contract. then the funds should be paid up until contract end not just 1 months notice. Whats point of contract otherwise. That said the. Practicality is that if they leave and are untraceable then funds lost anyway. Apologies. Typed this on my awful phone! __________________ If it's not got wheels, it should have sails. The odds of going to the shop for a loaf of bread and coming out with ONLY a loaf of bread are three billion to one

7th December 2011, 21:56	#11
KEN BATTY Avid contributor 75 contemporay Join Date: Oct 2011 Location: Stalybridge Posts: 174 Thanks: 6 Thanked 2 Times in 2 Posts	different scenario but a phone contract with vodafone is for 12 months if you leave early they want the money upto the last day even to the tune of wanting payment after my wife had passsed away got out of it with some difficulty.

7th December 2011, 22:32	#12
3stripes Avid contributor 1,8 saloon & 1.8t saloon Join Date: Nov 2011 Location: dalkeith Posts: 235 Thanks: 0 Thanked 0 Times in 0 Posts	not being a legal expert at housing contracts but i,d take a guess that yes both parties must give each other 1months notice if either wants out, but how was contract worded? i know a guy that paying an arm and a leg for a house and when told there a cheaper house elsewhere he,d say his contract is worded in such away he got to pay till the end of term unless the landlord gets new tenants phil

8th December 2011, 09:32	#14
3stripes Avid contributor 1,8 saloon & 1.8t saloon Join Date: Nov 2011 Location: dalkeith Posts: 235 Thanks: 0 Thanked 0 Times in 0 Posts	i do think the tenant been unfair as surely they had an idea that they,d be moving on as quick, they claim to have been to c.a.b so why don,t you visit them or ask a lawyer for advice on matter, as i say could be how contract is worded, if this lot get away with it then add a new condition on next contract stating if tenant leaves early they pay remainder of contract

9th December 2011, 17:21	#16
James.uk Passed Away 2002 Pale Blue. Rover 75 CDTi Connoisseur auto. 170K miles Join Date: Dec 2008 Location: Near the M67. Posts: 14,509 Thanks: 199 Thanked 585 Times in 397 Posts	If you agree to a fixed term contract then you are stuck with it.. End of... innit... ...

9th December 2011, 19:45	#18
chipsceola This is my second home Jaguar XF 3.0D Join Date: Nov 2010 Location: Southampton Posts: 4,364 Thanks: 119 Thanked 509 Times in 426 Posts	You have to be careful with legal opinions on the 'net due to more than fair sprinkling of US laws etc., not saying that's the case above, but it is easily confused one side of the pond to the other. Chips

9th December 2011, 19:52	#19
James.uk Passed Away 2002 Pale Blue. Rover 75 CDTi Connoisseur auto. 170K miles Join Date: Dec 2008 Location: Near the M67. Posts: 14,509 Thanks: 199 Thanked 585 Times in 397 Posts	That makes no sense. If you have an agreement in writing, then it must be legally enforceable, or no one could make any such agreements about anything could they??? ...

9th December 2011, 20:11	#20
scouseeric Passed Away 75 contemporary se cdti Join Date: Dec 2010 Location: Liverpool Posts: 1,579 Thanks: 0 Thanked 0 Times in 0 Posts	Just a view from the tenants side of this debate. My son is living in rental property and had signed up to rent a property for 12 months. Deposits paid etc but after four months' and one month before the birth of his daughter, his landlord gave them one month's notice to quit the house as he was selling up. This is legal under the terms of the contract according to cab and happens all the time apparently. Eric