The UK's independent property information site

Go Back   Home Move: property forum > Property Forums > Renting Property


Renting Property Buy-to-let, Landlord discussion, Tenant issues and Q&A.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 29-09-2009, 10:25 AM
Junior Member
 
Join Date: Sep 2009
Posts: 4
Default Right to Cancel/Terminate tenancy agreement

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?
Reply With Quote
  #2 (permalink)  
Old 29-09-2009, 11:42 AM
Member
 
Join Date: Jul 2009
Location: North Yorkshire
Posts: 53
Default

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?
__________________
www.ownerhome.co.uk
commission free property sales and lettings
Reply With Quote
  #3 (permalink)  
Old 29-09-2009, 02:04 PM
Junior Member
 
Join Date: Sep 2009
Posts: 4
Smile

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!
Reply With Quote
  #4 (permalink)  
Old 29-09-2009, 02:48 PM
Member
 
Join Date: Jul 2009
Location: North Yorkshire
Posts: 53
Default

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.....
__________________
www.ownerhome.co.uk
commission free property sales and lettings
Reply With Quote
  #5 (permalink)  
Old 29-09-2009, 03:36 PM
Junior Member
 
Join Date: Sep 2009
Posts: 4
Default

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...
Reply With Quote
  #6 (permalink)  
Old 29-09-2009, 04:18 PM
Member
 
Join Date: Jul 2009
Location: North Yorkshire
Posts: 53
Default

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!
__________________
www.ownerhome.co.uk
commission free property sales and lettings
Reply With Quote
  #7 (permalink)  
Old 29-09-2009, 09:00 PM
Junior Member
 
Join Date: Sep 2009
Posts: 4
Default

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
Reply With Quote
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off


 

» Property Boards
Buying Property Selling Property Estate Agents Solicitors & Legal Builders & Developments
Property Development Home Improvements Buying Property Abroad


All times are GMT +1. The time now is 11:03 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
Content Relevant URLs by vBSEO 3.6.0 PL2 ©2011, Crawlability, Inc.

Important Notice: HomeMove.co.uk does not provide professional advice on any aspect of buying, selling, developing or investing property. All posts are provided as lay opinions and not personal professional guidance. You should always seek a qualified professional for professional advice in relation to your personal circumstances. The HomeMove.co.uk forums are not monitored, and the site administrators cannot be held liable for the content of the forum. If you have any objection to any post on the forums, please either use the Report Post feature, or else Contact Us to ensure such content is properly dealt with. We are not responsible for third party links on the site.