Mis-sold rent contract agreement
So when we were searching to find a property in june , we wanted a place with a 9 month contract. We found a property ,and the estate agents promised us a 9 month contract and put us on a "12 month contract with a 6 month break clause". The agents ensured us that at the 6 month point we could give 2 months advance notice of when we wanted to leave. Now its been 6 months and they are telling us that the contract actually meant that we could either leave at the 6 month point or the 12 month point as long as you give a months advanced warning. At the 5th month we emailed the estate agents to confirm we could still vacate at the 9th month , but they did not reply, when they actually could have told us that we cant actually stay for 9 months only.
They are now demanding that we either find people to move in for us at the 9th month , pay an agents fee or find people to replace us for the remaining three months.
Given that they basically lied to our faces, are they legally allowed to ask us to pay for licence fee/ pay for whole 12 months ?
Thanks in advance.
They are now demanding that we either find people to move in for us at the 9th month , pay an agents fee or find people to replace us for the remaining three months.
Given that they basically lied to our faces, are they legally allowed to ask us to pay for licence fee/ pay for whole 12 months ?
Thanks in advance.
Did you get anything in writing about being able to leave after 9 months?
What does your tenancy agreement's state? If it has nothing about it, then I doubt there is anything you can do.
Original post by Origami Bullets
Did you get anything in writing about being able to leave after 9 months?
Nothing in writing except the contract says "The tenants must provide 60 days notice prior any termination after the fixed/agreed term of the contract". In the whole contract they didn't specify that we have to leave on the 6th or the 12th month ,just that it was a "12 month contract (6 month break clause)"
Original post by Knalchemist
What does your tenancy agreement's state? If it has nothing about it, then I doubt there is anything you can do.
The tenancy agreement says "The tenants must provide 60 days notice prior any termination after the fixed/agreed term of the contract". In the whole contract they didn't specify that we have to leave on the 6th or the 12th month ,just that it was a "12 month contract (6 month break clause)"
Take the contract to your university union advice centre. I think if it isn't in the rental agreement then it isn't enforceable. If you sent them an email (if you have a copy) and they didn't reply then I guess you guys have the upper hand?
From what I can remember of Contract law (I'm now 3rd year LLB Law)...
Normally when you have signed a contract you are bound by the terms contained within that contract even if you have not read them, if you have not read them you are deemed to have understood them. What should have been done is you should have read the contract and got them to put the 9 months lease in writing within the contract or a signed addendum by both sides prior to the signing of the lease.
However there is in law what is known as a verbal contract or verbal term implied within a contract, do you have witnesses or proof of their verbal confirmation that you could move out after 9months?
Normally when you have signed a contract you are bound by the terms contained within that contract even if you have not read them, if you have not read them you are deemed to have understood them. What should have been done is you should have read the contract and got them to put the 9 months lease in writing within the contract or a signed addendum by both sides prior to the signing of the lease.
However there is in law what is known as a verbal contract or verbal term implied within a contract, do you have witnesses or proof of their verbal confirmation that you could move out after 9months?
I currently work for a letting agent and have done for the last 6years (before I head to uni this Sept).
Basically, there will be either a specified clause in your contract or an addenda stating that you can give notice at month six, or you are held to the full 12 month contract, and the agent can hold you to the rent and responsibility for the property to the end of that period.
That being said, if you do move out and request that they remarket the property the agent should have an obligation to limit your liability to rent payments, and could market to find tenants from the date you vacate. If they find someone to move in, your rent liability would then end the day they sign the contract.
If you want to PM me I'd be happy to try and help further?
Basically, there will be either a specified clause in your contract or an addenda stating that you can give notice at month six, or you are held to the full 12 month contract, and the agent can hold you to the rent and responsibility for the property to the end of that period.
That being said, if you do move out and request that they remarket the property the agent should have an obligation to limit your liability to rent payments, and could market to find tenants from the date you vacate. If they find someone to move in, your rent liability would then end the day they sign the contract.
If you want to PM me I'd be happy to try and help further?
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