Another tenancy agreement question.

[Marlboro Gold]

Not sure if this is relevant for here or SP&L, Mods move if needs be.

I have a friend (yes really!) who rents a house, moved in 6 months ago and has just been made redundant and cannot afford the house anymore. She has written to the letting agents giving them the one months notice as required.

They have written back stating that as she 'said' she would have the house for 12 months, now wants out in month 7 that she will be liable to pay for the 5 months unused if it cannot be re-let.

Obviously she cannot afford the 5 months rent or she would stay so where does she stand legally? My understanding was that at 6 months the agreement rolled onto a month by month basis.

Suggestions?

TIA

[Plotloss]

Depends on the terms.

The Landlord has an obligation to attempt to find a tenant at the current rental figure to mitigate his/her losses, if he does then it reduces her liability. If they try but can't she's holding the baby for the shortfall months.

[Zippee]

What does the actual written and signed tenancy agreement say?

[Marlboro Gold]

Thanks, puts her in an awkward position financially!

O/T hows the 205?

[Marlboro Gold]

Zippee said:

What does the actual written and signed tenancy agreement say?

She can't find it atm, but is sure it was for 6 months initially then monthly roll on.

[auditt]

Marlboro Gold said:

Not sure if this is relevant for here or SP&L, Mods move if needs be.

I have a friend (yes really!) who rents a house, moved in 6 months ago and has just been made redundant and cannot afford the house anymore. She has written to the letting agents giving them the one months notice as required.

They have written back stating that as she 'said' she would have the house for 12 months, now wants out in month 7 that she will be liable to pay for the 5 months unused if it cannot be re-let.

Obviously she cannot afford the 5 months rent or she would stay so where does she stand legally? My understanding was that at 6 months the agreement rolled onto a month by month basis.

Suggestions?

TIA

Well your "friend" needs to find her contract.

Unless the contract states 12 months the agents dont have a leg to stand on but he or she needs to find the documents.

if its a six month AST and she did not renew then it would run on a periodic tenancy and then you would be able to give one months notice and then be a-quitted from the tenancy and be able to move out.

But we need all the facts before we can give you a solution.

[Marlboro Gold]

auditt said:

Marlboro Gold said:

Not sure if this is relevant for here or SP&L, Mods move if needs be.

I have a friend (yes really!) who rents a house, moved in 6 months ago and has just been made redundant and cannot afford the house anymore. She has written to the letting agents giving them the one months notice as required.

They have written back stating that as she 'said' she would have the house for 12 months, now wants out in month 7 that she will be liable to pay for the 5 months unused if it cannot be re-let.

Obviously she cannot afford the 5 months rent or she would stay so where does she stand legally? My understanding was that at 6 months the agreement rolled onto a month by month basis.

Suggestions?

TIA

Well your "friend" needs to find her contract.

Unless the contract states 12 months the agents dont have a leg to stand on but he or she needs to find the documents.

if its a six month AST and she did not renew then it would run on a periodic tenancy and then you would be able to give one months notice and then be a-quitted from the tenancy and be able to move out.

But we need all the facts before we can give you a solution.

Well my friend has found it, and it is for 6 months with an option to extend, she had been in for 6 months and 13 days when she gave notice to quit.

[chr15b]

be careful there isnt a clause in there that it extends for 6 months.

also i'd pretty much expect the notice period to be from a payment date - ie if you hand in notice now it'll be a month from say the 1st if thats when the rent is paid.. worth getting the notice in as quick as possible if thats the case.

[Marlboro Gold]

chr15b said:

be careful there isnt a clause in there that it extends for 6 months.

also i'd pretty much expect the notice period to be from a payment date - ie if you hand in notice now it'll be a month from say the 1st if thats when the rent is paid.. worth getting the notice in as quick as possible if thats the case.

Without seeing it that is what I said to her, they will have extended for another 6 months. She cannot/will not pay though as she doesn't have the money so I'm assuming they'll chase her through County Court.
As of tomorrow she has no job and is moving back to parents.

[auditt]

chr15b said:

be careful there isnt a clause in there that it extends for 6 months.

also i'd pretty much expect the notice period to be from a payment date - ie if you hand in notice now it'll be a month from say the 1st if thats when the rent is paid.. worth getting the notice in as quick as possible if thats the case.

Ive never heard of a contract which automatically entends to a further 6 months cos if that was the case they would of just offered a 12 month contract.

She has to give notice in my view on the next calendar month payment i.e 16 days time, then she will give a months notice.

I assume she gave a minimum months deposit if not 6 weeks.

[Marlboro Gold]

auditt said:

chr15b said:

be careful there isnt a clause in there that it extends for 6 months.

also i'd pretty much expect the notice period to be from a payment date - ie if you hand in notice now it'll be a month from say the 1st if thats when the rent is paid.. worth getting the notice in as quick as possible if thats the case.

Ive never heard of a contract which automatically entends to a further 6 months cos if that was the case they would of just offered a 12 month contract.

She has to give notice in my view on the next calendar month payment i.e 16 days time, then she will give a months notice.

I assume she gave a minimum months deposit if not 6 weeks.

I'm not too sure whether the agents have assumed she would be in for 12 months and worded it that way but she is moving out this weekend back to parents and I guess leaving the agents to chase her for any money owed.

[jimmyjam]

Sounds like its lapsed into a periodic tenancy which will generally allow her 1 months notice from rent due date. Happy to advise more accurately if you want to PM me a copy of contract.

[Wings]

jimmyjam said:

Sounds like its lapsed into a periodic tenancy which will generally allow her 1 months notice from rent due date. Happy to advise more accurately if you want to PM me a copy of contract.

+1 Agree, under the Housing Act 1988, if in the OP's postings the fixed term tenancy of 6 months has ended, then if no new AST has been drawn up, then the tenancy becomes a Periodic Tenancy, and if the rental payments are paid monthly, then the tenancy is a MONTHLY contract/agreement tenancy. To end the same a tenant needs to give a monthly Notice from the day in the month that the rental payments are paid. So if paid on the 15th day of the month, the next day Notice can be served is 15th December 2010, for the tenancy to end 14th January 2011.

No doubt the Deposit paid by the OP's friend has been protected under the Housing Act 2004, therefore the friennd should communicate direct with the scheme protecting that Deposit.