Right to Cancel/Terminate tenancy agreement

[chaljo]

Hi there, I am renting a flat in Glasgow and have found a clause in my tenancy that states we have no right to cancel the agreement, even by giving reasonable notice.

We are having problems with our noisy neighbours (who slam doors in our face if we ask them to keep it down) and I am worried that we will be forced to stay for another year...

Can anyone advise?

[Ownerhome]

I'm not aware of a contract that has a 'legal' clause stating you cannot cancel the agreement!

Can you advise on the following:

type of tenancy Assured short hold?
length of tenancy ie 6 or 12 months?
time spent in property?

[chaljo]

Thanks for replying so quickly!

Unfortunately I don't have the contract in front of me so will need to confirm these details for you but as far as I'm aware:

type of tenancy Assured short hold? We signed a short term Assured Tenancy (and an AT5)

length of tenancy ie 6 or 12 months? Initially we signed for 6 months but then renewed for 12 - the 6 months is up and the new contract due to begin at the end of September

time spent in property? - we moved in at the end of march 09.

I would add that we have no complaints about the Letting Agent, or the flat itself, but our neighbours are making it increasingly difficult to live there.

I will let you know the exact text of the clause when I get home and have the contract in front of me.

Thank you so much for any help and advice you can offer!

[Ownerhome]

Just as an afterthought....when does your new tenancy agreement start, have you actually signed an new agreement (if so was it witnessed??).

How long have you been having problems with the neighbours, just wondering why you signed another agreement.....

[chaljo]

the new lease is due to start 1st October and we signed a couple of months ago.

At the time things weren't so bad with the neighbours and the agent said we had to either give our 2 months notice or sign a new contract, we told them about the problems with noise and signed anyway... things have got steadily worse since then.

The contract was already witnessed when I signed it (as the dates next to the signatures indicate).

I realise we may have jumped the gun and been to hasty to sign but I didn't realise things would end up this bad, nor that we would not be able to simply give our 1 or 2 months notice if we decided to leave...

[Ownerhome]

It doesn't sound like the agent was acting professionally and I have never come across a situation where an agent would advise you that, 4 months into an AST you would either give your notice to the end of the agreement or sign a new agreement!

I would advise you to contact the agent...regardless of what it says in your contract and explain the situation to them...the contract you have signed can be legally enforced, but the landlord may let you out of the contract by giving 1-2 months notice of termination.

Your only option, if they do not agree, is to just give notice of termination anyway and leave (if it really is that bad)...but you will loose your deposit and wouldn't get a good reference if needed for another rental property!

[chaljo]

thank you so much for your advice.

I did contact the agent today and they were somewhat understanding, they have not got back to me yet though.

my worry is that they will try to force us to pay the rent to the end of the contract if we leave, I certainly don't need debt collectors coming after me for 12 months rent...

thanks again!
Charly