Forums > Help! > Letting / Contract Advice - Need Help Quick

Login/Join to Participate

Pink...?
Pink...?

Mistress of Pink...Multicoloured
Location: Over There
Member Since: 6th Apr 2002
Total posts: 6140
Posted:Ok.

Basically, I want out my house, no one pays bill and I'm worried they'll be cut off. And today, on the doormat when i got home was a lovely arrest warrent for Council Tax Arrears (thankfully not in my name)

I phoned the agency yesterday, or day before and asked to hand in my notice, they said i was tied down till end of June 06.
They had not given me a copy of my contract so i went in today, with 2bags for moral support, and asked for it, after much hesistation and persuasion (She really didn't want to give me a copy) I got a copy.
My name was just added to an existing contract, dated July 2005. But with my date of moving in written next to my name.
It says, "Term: A term of: 6 months from the 1st July 2005"

Wouldn't this mean I have a way out?

Please anyone who has either been in this situation, or knows anything about tenancy law please help. As i want to be out ASAP with this council tax & bill hoo-ha scaring me.

Thank you in advance
ubblove

(p.s. 2bags says hi.... - wierdo) rolleyes


Never pick up a duck in a dungeon...

Delete Topic

Gayle......!
Pooh-Bah
Location: Bristol !!!!!!
Member Since: 9th Jul 2004
Total posts: 2444
Posted:Alice,

Talk to citizens advice bureau. There is one in town (i can come with you if you like) or look here: http://england.shelter.org.uk/home/index.cfm
br>
I was always under the impression that the six month tenacny could be broken in certain circumstances (it should be written on your tenancy agreement) and i think in your circumstance definately beacause they have added you to a rolling contract and not issued a new 6 month contract to you.

Plus if the bills aren't in your name they aren't your responsibilty. I think you need to seek advice from CAB cos they will tell you where you stand and what you need to do.


If you need someone to come with you or somewhere to crash you know where i am.


Gayle.....!

Delete

UCOF
UCOF

Carpal \'Tunnel

Member Since: 17th Apr 2002
Total posts: 15414
Posted:I'll ask my mum. smile

Delete

Gayle......!
Pooh-Bah
Location: Bristol !!!!!!
Member Since: 9th Jul 2004
Total posts: 2444
Posted:some further thoughts - your landlord's details are on the tenancy agreement can you not ask them. Landlords are often a lot better to deal with than twatty letting agents.



Plus this page may help:



http://england.shelter.org.uk/advice/advice-3081.cfm
br>


and this page gives advice on leaving early:



http://england.shelter.org.uk/advice/advice-3145.cfm

EDITED_BY: Gayle......! (1144248417)


Gayle.....!

Delete

Birgit
Birgit

had her carpal tunnel surgery already thanks v much
Location: Edinburgh
Member Since: 27th Jan 2005
Total posts: 4145
Posted:yup... ask shelter!

You should have a way out because you're only "tied down" 6 months from the 1st of July last year.

Plus, if you haven't actually signed that contract, and they have not given you a copy before that they have signed, too, I wonder how much power they have over you in the first place.


"vices are like genitals - most are ugly to behold, and yet we find that our own are dear to us."
(G.W. Dahlquist)

Owner of Dragosani's left half

Delete

UCOF
UCOF

Carpal \'Tunnel

Member Since: 17th Apr 2002
Total posts: 15414
Posted:mum says along the lines of:

"have you seen tennancy agreement.
should be clause regarding how much notice before leaving is needed?

monthly basis? quarterly?

clauses of obligation of payment: concil tax, bills. what does rent cover? do you need to pay any money?

a calendar month not 4 weeks.

Do you have a room? or joint responsibility for the house with everytone else?
You will be responsible if everyone leaves and you have to pay all the bills."

She kicks arse biggrin

Thats what i managed to type down when she was on the phone.
Any more questions, just give us a shout kiss


Delete

Mr_Chutney
Mr_Chutney

Tosser
Location: Herefordshire
Member Since: 18th Apr 2003
Total posts: 1711
Posted:Just left you a voicemail- if you don't get it let me know and I'll type what I said wink

Delete

Dunc
Dunc

playing the days away
Location: The Middle lands
Member Since: 19th Aug 2003
Total posts: 7263
Posted:Did you sign a tennancy contract?
If no go to suitcase, pack, leave.
If yes go to next question

Does it state any notice term for leaving or whether you are committed to a final date?
If yes you have to serve that term under normal circumstances, serve notice and leave. If there are specific unusual cicumstances beyond your control and it is reasonable action for you to leave and avoid any further problems being caused by other untrustworthy and unreliable house members, especially if the problems (or their root causes) were present before you moved in.
If the term stated from July 2005 for 6 months and you signed it believing it to be a valid contract, a typo will not always help you, but don't let that worry you.

So that's basically it, get out now and don't worry about silly short term letting contracts. Especially if all your bills are up to date and you have no rent arrears. No agency will take you to court for the remaining term of the contract as it's not worth their time.

Realistically why put yourself at further risk when you have only been there a couple of months, who cares what the contract says, leave now! Make sure you change your address with all the important companies such as banks and with your friends etc, leave no forwarding address and don't look back! wink


Let's relight this forum ubblove

Delete

Pink...?
Pink...?

Mistress of Pink...Multicoloured
Location: Over There
Member Since: 6th Apr 2002
Total posts: 6140
Posted:Ok update:

I signed an "assured shorthold tenancy" thinggy. BUT talking to people at work (as we deal with legal documents every day) They seem to think the same as me, that I am not tied down.

Got a call from the Lettings Agency today saying i owe one months council tax - 28. Not too bothered about paying that. I'll drop it off with my resignation today.

ALSO got a viewing tonight for another room which i can move in right away. Let's hope that goes ok. (in Gloucester Road too - for those who know Bristol !)

Got a loan from my mother so even if they are censored And don't let me have my deposit back I can move.

From the *looks* of things, it'll be ok? (but sod has a way of putting his law into my life) Thank you everyone for your advice. Been VERY helpfull. I can't wait for this whole thing to be sorted.

*piece of advice for everyone: never let with PJ Reynaulds*


Never pick up a duck in a dungeon...

Delete

Gayle......!
Pooh-Bah
Location: Bristol !!!!!!
Member Since: 9th Jul 2004
Total posts: 2444
Posted:Gloucester Road. Perfect! close to everything and still close to Cothan Gardens. Excellent.

Good Luck! :fingerscrossed:


Gayle.....!

Delete

KatP
KatP

Muddy fingernails
Location: Way oop norf
Member Since: 15th Jan 2005
Total posts: 505
Posted:This time, make sure you get a copy of the contract - signed by both you and letting agent / landlord.

You should also have list of house contents and their state of repair, again signed by self and landlord, especially if they are looking for deposits.

Any letting contract should give the notice period required if you wish to move out, this applies even if you are tied for a period as the contract should dover the time after the tied period, unless a new contract is issued. It should also set out your obligations with regard to bills etc.

Things are slightly different in Scotland I think, but not by much, and I looked into this extensively when letting a room of my flat - just to keep myself safe!


Your mother was a hamster and your father smelt of elderberries!

KITTENS!!!!

Delete

Pink...?
Pink...?

Mistress of Pink...Multicoloured
Location: Over There
Member Since: 6th Apr 2002
Total posts: 6140
Posted:: mad Bloody letting agency not letting me go without a fight

I have not the strength to fight. I am one of those people who don't like to upset anyone, and try and make peace etc... I don't even go back to a shop if the product is faulty. I am completely non confrontational.

I can't do this *has a break down*


Sorry. Ok. Calmer now. Any advice anyone can give me on fighting my side?


Never pick up a duck in a dungeon...

Delete

Mr_Chutney
Mr_Chutney

Tosser
Location: Herefordshire
Member Since: 18th Apr 2003
Total posts: 1711
Posted:What have they said?

hug

Look A;ice, your contract is the only thing nindin you to that place- anything else is just not the case. go to Citizens advice tomorrow morning with the contract and have them go through it- that should clarify your position smile

Let us know how it goes hug


Delete

Dunc
Dunc

playing the days away
Location: The Middle lands
Member Since: 19th Aug 2003
Total posts: 7263
Posted:Don't lay down and let the agency scam money out of you!! JUS GO!!

Leave

Vamoos

Dissapear

run

hide

but whatever you do, don't give in to the agency! You're not making any peace by letting them get away with things (whatever it is they're trying now) they're just scamming every penny out of you they can, while they can!!

GO GO GO GO GO GO GO GO !!!!!!


Let's relight this forum ubblove

Delete