We originally rented our flat through a lettings agency four months ago on a 12 month contract. Since then our Landlord and the agency have fallen out and dragged us into a court battle. our Landlord asked us to pay him direct and the estate agents say we breached our contract but because of the despute they said they will void our contract. Technically we have no written contract between either ourselves and the agency or the landlord. What are our rights? Can we move at any time or do we have to give notice? The address we should write to giving our notice is the same as the one we're living at. We also want our deposit back when we move into our new place, what can we do???
2007-12-16 08:39:53 · 4 answers · asked by lucy 1 in Politics & Government ➔ Law & Ethics
We originally rented our flat through a lettings agency four months ago on a 12 month contract. Since then our Landlord and the agency have fallen out and dragged us into a court battle. our Landlord asked us to pay him direct and the estate agents say we breached our contract but because of the despute they said they will void our contract. Technically we dont have a written contract anymore between either ourselves and the agency or the landlord. What are our rights? Can we move at any time or do we have to give notice? The address we should write to giving our notice is the same as the one we're living at. We also want our deposit back (this is held by the agency in a secure deposit scheme) when we move into our new place, what can we do???
2007-12-16 08:56:41 · update #1
Of course you have a contract, technically or otherwise.
If you don't, how can you have breached it?
On what basis did you give a deposit and pay rent?
The tenancy agreement is a contract - the person/body to whom you pay rent, they have a contract with you.
I assume you have an assured shorthold tenancy. All the answers to your questiosn are contained in that document.
Normal terms are fixed for 6 m and a month's notice thereafter.
Assuming you have paid your rent, the tenancy remains valid. The tenancy agreement is different to any agreement/contract with the agency, but the agency is merely the agent of the landlord as principal.
The agency cannot 'void' the tenancy agreement and the tenancy agreement can ONLY be brught to an end either by agreement with you, or by a court order. There are no third alternatives.
You have the right to remain as long as you pay your rent and you have the right to the return of the deposit at the end of the tenancy (assuming you have not breached the tenancy in some way so as to forfeit all or part of the deposit) - those circumstances are set out in writing in our tenancy agreement.
The tenancy agreement must contain by law (in the UK) an address for service of notices upon the landlord - (until that is provided, no rent is lawfully due).
Serve any notice on him there but, as I've said, you are almost certainly obliged to remain as tenants for 6m - as per your tenancy agreement. .
2007-12-16 09:01:49 · answer #1 · answered by JZD 7 · 1⤊ 0⤋
Err, so all you have is an oral contract?
Well, the onus is on your landlord to prove a breach of contract (in which case it would be void). If the contract is void then you don't have to give any notice for moving out and you should get your deposit back (though how you paid a deposit without a WRITTEN contract is beyond me).
2007-12-16 08:46:42 · answer #2 · answered by dane 4 · 0⤊ 0⤋
If you never signed a rental agreement, the law says that you are on a month to month agreement, which can be terminated at any time by either party. The law requires one month's notice. If you want to move, you can notify the party you originally made the oral agreement with. You can do so orally but in writing is better. On the day you move out, demand that a representative from the rental agency be present, and videotape the walk-through, noting that the property is in the same condition as when you moved in (see to it that it is). If the representative doesn't challenge you in any way, your way to getting back your deposit, should they balk, is pretty clear.
2007-12-16 08:52:06 · answer #3 · answered by curtisports2 7 · 0⤊ 1⤋
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2016-11-27 21:57:21 · answer #4 · answered by Anonymous · 0⤊ 0⤋