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My contract ends on the 19th of September. The movers are here

on the 17th & 18th...
My contract ends on the 19th of September. The movers are here on the 17th & 18th & I'm getting the flat cleaned on the 19th.
The idiot agents say they want to do checkout on the 19th or BEFORE. I have never heard of such a thing! Usually checkout is done after everything is cleared and cleaned. Please advise me of my rights as I'm am on the verge of a nervous breakdown thanks to this move.
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Answered in 52 minutes by:
9/3/2013
Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 33,052
Experience: Award winning lawyer with over 15 years experience
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Thanks for your question. Please remember to RATE once you get my answer.

If the tenancy comes to an end of the 19th - then you only have to move out on the 19th. You do not need to move out before - the agents always these days like people to move out early so that they can get new people in straight away
Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 33,052
Experience: Award winning lawyer with over 15 years experience
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Customer reply replied 4 years ago
Thank you but are they allowed to come in to do a check out inspection on the 19th or before or should they be doing it in the 20th? Aren't checkout meant to see if you've returned to property to the way you found it?
it will depend on your checkout time or whether it is provided for in the tenancy agreement
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Customer reply replied 4 years ago

I've found a flat that I want to rent now. Normally, you give a week's rent as a deposit to secure the flat and stop the viewings.


I'm being told by Anscombe & Ringland that I need to give 2 weeks rent as deposit and the tenancy agreement fee?! How is that possible?


Is there a something I can quote them to stop them taking 2 weeks & take only 1 week and without paying the tenancy agreement fee until we all actually sign?

Customer reply replied 4 years ago
Relist: Answer came too late.
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70,646
Experience: Over 5 years in practice.
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Hi

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I see you have relisted this. I am sorry but I cannot give you good news then.

I'm afraid that they are free to charge as a deposit any sum they choose. You cannot complain to the RAC over deposits. Obviously you are free to refuse to take the flat if the price is too high but that is the only consequence I'm afraid.

Obviously you can try to negotiate with them and they may relent but that is the only option.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
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Customer reply replied 4 years ago

Yes, there is one more thing.


I got burned on my last contract. I wanted to stay in the flat for 5 years and the landlord didn't want to renew after 2 years which is why I had to find another flat. The agent never said anything about putting 'option to renew' in the contract. I don't want that to happen again.


 


Is it best to take a 3 year tenancy with a 6 month get out clause or


a 1 year tenancy with a 6 month get out clause and an 'option to renew' clause for each subsequent year? I don't know what to do for the better. Please help as the agent wants me to give them a deposit tomorrow.


Many thanks,


Sonia

Well, it depends what you want to achieve.

The longer contract will mean the landlord can't get you out unless you breach the contract but equally it will mean you can't escape either if you want to.

Even if you go for the 1 year tenancy agreement, they can still get you out if they want to at the renewal points. The three year contract is probably better if you want security.
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Customer reply replied 4 years ago

They can get us out even with an option to renew clause?

Usually they include a clause allowing for cancellations.

Really secure tenancies like protected tenancies are rare now.
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Customer reply replied 4 years ago

So really the best thing for my son and I is the 3 year tenancy huh?


Can I break the 3 year tenancy if something monumental came up without being taken to the cleaners?

No.

If you lock your landlord into a long contract you will also be locked in. Thats the downside.

If you leave early you will be acting unlawfully and liable for the landlords costs.

Unfortunately there are advantages and disadvantages to long contracts.
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Customer reply replied 4 years ago

Wow, I'm really not sure what to do. I met the landlord and we got on well and he seemed very nice and reasonable, but he said in conversation that before I came along he was looking to rent or sell whichever came first.


 


I'm very stressed and anxious about moving somewhere new because I didn't expect to be doing this. I don't want to keep uprooting my son but I equally don't want to get locked into 3 years say for instance I have insane neighbors in the building.


 


Is there any last piece of advice you could give me to make an informed decision?Can I trust him to not ask us to leave so he can sell after a year or two? I don't really have anyone to turn to. I'm a single parent, my brothers are in the US and there's only so much your friends will listen to.Sorry to be a bother.

I'm really sorry but you just plain cannot bind a landlord in this way. He may ask you to leave. He is free to do that.

You may want to leave.
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70,646
Experience: Over 5 years in practice.
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Customer reply replied 4 years ago

Hi,


The landlord of the new property I'm renting does not use an agent to manage it. I was told that the deposit would be with the TDS or DPS. Is DPS as good as TDS? Do I have a choice as the tenant into which scheme it goes?

I see you rated my colleague's answer rather than mine.

Was that a mistake?
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Customer reply replied 4 years ago

Yes! Who did I rate?

The first expert to help you above.

TDS and DPS are much of a muchness really. They are just different schemes. They don't really add more than the other though.
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Customer reply replied 4 years ago

Changing track a sec now


I agreed a pretty foolish rent for the flat i think.


It is a furnished flat but was listed by the agent as furnished or unfurnished. At first I thought I would take a bit of the furniture, particularly the ikea cupboards as there is no storage space in the flat.


In the end, I only take a kitchen table & chairs & the wardrobes in 2 bedrooms & a bed and a couple of chairs (it is a 3 bedroom flat).


However, I just noticed my agreement says furnished flat.


Should the rent have been less seeing that I didn't keep much?


Is that something that I should renegotiate at the end of the years tenancy


Is there anything that I can do now?

You can always complain to the rent assessment committee if you think you are paying over the odds.

The risk is that if they find against the landlord he will just give notice at the end of the tenancy but that is a risk that can't be stamped out. some landlords can be very childish.

On your main point though, yes, you can use anything to renegotiate.
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Customer reply replied 4 years ago

One other thing, the flat I've rented from Anscombe & Ringland but they are not managing it. The landlord is managing it.


Who should do the gas safety certificate?


And who tests the electricals?

Its the landlord's duty to do the gas test.

There's no obligation upon him to test the electrics but if he doesn't and there is an incident then that is actionable.
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Customer reply replied 4 years ago

Thank you for the above.


 


Can the landlord stop using the agent after the end of tenancy and deal directly with me if they want to?

Yes he can but he might be locked into contract with the agents.
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Customer reply replied 4 years ago

so, is there a way for him to get out of that if he's locked in?


 


It seems criminal that agents have so much power over people. I've actually written to my MP Glenda Jackson to address this manipulation of people and the property market. They are no better than rogue traders.

It depends on the circumstances of the contract. Quite often they do try to tie people in.

There are challenges to that under UCTA on the basis that its an unfair term.

There are some bad agents about.
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Customer reply replied 4 years ago

Thank you very much. I will pass that onto the landlord as he made me aware that he is very unhappy with the agent and didn't know if could get rid of the agent at the end of the tenancy.


 


Thanks for all the info.


 


 

Customer reply replied 4 years ago

Ok, really truly, last question. Is a 6 month rolling break clause better than just a 6 month break clause?


 


 

It depends what you want to achieve.

Rolling contracts give you flexibility as you can give notice but ASTs give you security as the landlord can't easily get you out.
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Customer reply replied 4 years ago

Can you tell me if this is what I'm trying to achieve. I asked for tenant option to renew and the landlord agreed. However, the agent has written this in special provisions:


The landlord will on written request from the Tenant made within the third month before the end of the Tenancy Period and provided that at the end of the Tenancy Period the Tenant has complied with all the terms of this agreement enter intoa new Tenancy Agreement in respect of the Property containing the same obligations and terms(except for the terms regarding renewal) for a tenancy period of 12 months BUT this clause will not apply if the Agreement is ended by the Tenant under the provisions of the Early Termination clause above. It is further agreed that any request served by post must be sent by registered post and will only be deemed to have been served by the Tenant to Notices Under Tenancy Agreements, The Chancellors Group.......

I'm sorry but I'm not sure what you are asking?
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Customer reply replied 4 years ago

I have asked for Tenant Option to Renew clause.


 


Is that the clause? It sounds a bit like its circumventing.

I'm going to pass you onto our agency contract specialist as this question has taken a turn thats more his area than mine.

He will be along soon.
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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22,624
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Verified
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

I have been asked to look at this for you. What would you like to know about the above clause?
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Customer reply replied 4 years ago

Is this protecting my ability to renew the contract or is it just a lot of words that don't offer me the option to renew at the end of the first year and subsequent years?


I got burned on my last contract which didn't give me option to renew and I had to leave the flat. I don't want that to happen again with this new property. I need stability.

Joanne M
Joanne M, Solicitor
Category: UK Law
Satisfied Customers: 264
Experience: LLB (Hons), LPC
Verified

I have been passed this to deal with in the short term.

Yes, it does give you the option to renew provided you have complied with the terms of the tenancy.

But why don't you let for a longer period?

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Customer reply replied 4 years ago

I originally wanted a longer let and stability, but I'm not sure how much I like the area. Then the landlord said he would be happier with a yearly renewal. If my son and I like it, can we renegotiate the terms after a year. ie to have a longer tenancy?

Of course you can provided that you can agree terms. If you dont like the new terms then you can move.
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Customer reply replied 4 years ago

Is there any way to cut out the agent in the future? They just make everything more complicated and expensive.

You are the tenant. The agent is the agent of the landlord and not the tenant and therefore you need to take that up with the landlord
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Jo C.
Jo C.
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