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Unreasonable Contract...

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Hiya all...

Am sending in this, my first post, to see what you all think of this interesting little poser...

December 2004, signed a 6 month Assured Shorthold Tenancy, all was fine....

Towards the end of the 6 months, we looked at purchasing a property, and were on the way

through the process. At the time, completion would have been around September, so we

assumed the 6 month initial contract would continue on a month by month basis, as I have

done a few times before with other properties...

But no...

Discussed with agent our plans, and we wanted to stay on three months or so as the house purchase

was finished, we were up front and honest about our intentions...but no go. We were served a

two month notice to quit the next day. Agent wanted a long term paying tenant, and not us...


As it happens, the house purchase didnt happen and we were offered a 12 month contract, and

at the time, seemed like a good idea as we were flapping around. Had the house gone ok, we'd have

been stuck without a house for maybe a month inbetween, right nice!!!!

Now, its November 2005.... almost 6 months into a 12 month contract and we've found a house we

want to buy, but I believe the law says if we leave early, we could be collared legally for the

rest of the contracted rent untl June 2006

Am planning to speak to the landlord herself who is possibly agreeable, but the agent can be a bit

of a shark. We're nice people, always honest and upfront, but feel a bit buggered at the 12 month

deal....wish we'd been offered a month-as-we-go deal.

Any ideas???

Cheers y'all!


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Basically, unfortunately you are responsible for the rest of the rent, as this is the agreement you made. However, a couple of possibly helpful points:

- If there is a break clause in the AST(which I very much doubt) you can leave giving 1-2 months notice. But I doubt this.

- If you do give notice, whilst you are responsible for the rent, the landlord/agent must make every reasonable step to try and replace you as a tenant....so they cant just sit on their arses and take money from you.

- Your AST will have a term, I would imagine, preventing you from subletting and/or assignment of the tenancy. The OFT declares that it is an unfair term to stop both of these. If only one is prevented, do the other - ie sublet, or assign(give the tenancy to someone else). In assignment, whilst the landlord obviously has a right to know who it is, they cannot unreasonably refuse an assigned tenant.

Hope this helps

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Thanks for that, just clarified a few things I thought...

What really narked me off was when I told my agent I wanted to move out 'In a few months', they

went all uppity on me, and served notice right there, right away.. I felt like I was pressurised into

another fixed term, and I wanted to stay in a periodic agreement just to tide us over...

Could this be classed as unreasonable behaviour, pressuring us into something I didnt want, but had

do to. Not exactly the most helpful of agents I'll say, not a lot of compassion for a good tenant....

Mind you....as the saying goes...."Elephants never forget", and I never forget either...

Edited by stevie_nottm

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Unfortunately not. The agent/landlord is totallty entitled to evict you, after the fixed terms and via the proper legal routes, with no reason at all. Hence the danger of not following any requests/demands from landlords.

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