Question re Tenancy agreement

cobweb

We have been renting a property for the last 12 months and the tenancy agreement expired in October 08. In December the agency rang in a panic having just realised this and we informed them that we wished to hand in our notice to end the lease in Feb 09 as I am pregnant and the property is now to small unfortunately. Rent has been paid monthly by direct debit

The agency were fine with this but sent us a Residential Tenancy agreement conversion to Part 4 tenancy backdated to the expiration of the last agreement for us to sign.

Now the agency told us as we had informed them on the phone of notice to quit that we would not be in breach of agreement if we signed it. They just want us to send written confirmation of notice to quit and return new contracts signed.

Is this right?? Would we be in breach if we signed thus risk losing our deposit?
As the new agreement doesnt expire until 2011.

Also during our tenancy certain things needed to be fixed in the property such as the alarm, washing machine, removal of mouldnot caused by us. Would this be docked from our deposit?

Thanks in advance for any assistance advice given

mikemac

Sign nothing is my advice

The agency don't have your interests at heart

Agent J

mikemac wrote: »

Sign nothing is my advice

The agency don't have your interests at heart

Good call.

Given them written notice to quit and sign that but sign nothing they give you.

If they attempt to withhold any kinda deposit it'll worse on them because they screwed up and you are in the clear

mikemac

Send the notice to quit by registered post too.

And if this ends up as a dispute keep using registered post. Do not email or phone them, it can be denied it ever happened later. If they call you, tell them to send a letter. Actually your post says they recognize that you handed in your notice so maybe get this in a letter. lol, they won't do it though

Expect that you are going to be screwed in this situation and if you come out of it having been treated fairly, it's a bonus.
Sorry OP, been there, done that

Mrs OBumble

I'm not so sure this is the dire situation that some think it is.

Because you have more than six months tenancy, you legally have to be offered the Part 4 tenancy. This says that you MAY stay for four years, not that you MUST do so.

I wouldn't bother signing it, though, since you're clearly not going to avail of it.

Instead, give your notice to the agency in writing. They should be doing a visit to tell you about what needs to be sorted out before you move out in order to get your deposit back. You should not be losing deposit on fair wear and tear, but will if you caused things to break.

cobweb

thanks for the advice appreciate it

Emerald Lass

cobweb wrote: »

Also during our tenancy certain things needed to be fixed in the property such as the alarm, washing machine, removal of mouldnot caused by us. Would this be docked from our deposit?

Did you inform the agency and get confirmation of the work you did before you carried it out? if so then you have no problems with this regard, and as ong as your 'repairs' were not unauthorised and did not damage or interfere with the property adversely, then your LL would probably be quite pleased that you sorted these things out for them.

However, if there was damage of any sort, and you did not inform your LL and give them the opportunity to fix it, or get their permission to fix it yourself, then it can be sticky. If the LL finds your 'repairs' to be unacceptable, they may dock your deposit, as you should have informed them of any damage or repairs needed in a timely manner, as per most lease agreements. The mould is also tricky - if you didn't let them know about this and you allowed the problem to worsen or any damage is done they may blame you.

It all comes down to whether or not you advised the LL of the issues as soon as they occurred, and more importantly if you can confirm this. If you did, and can prove it then they shouldn't have any reason to deduct from your deposit.

Also make sure you have a sgned copy of the inventory you signed when you moved in - in advance of moving out go through the house and make sure everything on the inventory is as it was when you moved in - don;t wait until the day of the inspection to do this or you could get caught short and get bullied - know in advance what may possibly be an issue, if any.

good luck

cobweb

thanks Emerald lass

yes the agency was informed of all issues with apartment and got them sorted for us. There are a couple of things to be replaced such as glassware we broke a glass and a plate so will be replacing these but otherwise nothing else damaged or broken by us.