Tenancy Agreement Archives

Jul 10

Do I still have to pay my rent after I’ve moved out?

In my Tenancy Agreement there is a clause stating that if I wish to terminate the agreement and move out, I will still have to pay my landlord until a new tenant is found. Is this lawful?

All residential short-term Tenancy Agreements granted for a fixed term of at least six months, but not exceeding 12 months, are deemed to be Assured Shorthold Tenancies. These fixed term tenancies ensure that both the landlord and tenant are committing to a fixed period of a minimum of six months and a maximum of 12 months.

Should you wish to terminate this agreement before the end of the fixed term you may well have to pay your landlord rent for the balance of the agreed contractual term of the Tenancy Agreement unless your landlord can find an alternative tenant to take the premises within that period, in which case the landlord may, but is not obliged to, release you from the terms of your Tenancy Agreement before the end of the fixed term.

If you continue to occupy beyond the fixed term period specified in the Agreement then the Agreement can be terminated by either party giving the other notice to terminate as specified in the Agreement. Provided these notice periods are adhered to then you will be free to leave. Any Tenancy Agreement containing such a term stating that you are obliged to continue to pay rent until an alternative tenant is found for the property is not only unusual, but would probably be unenforceable and considered to be an Unfair Contract Term in so far as it relate to a period beyond the fixed term of the tenancy. The position should be easily clarified by talking to your solicitor.

Oct 1

How can I evict a tenant from a property I own?

How can I evict a tenant from a property I own in Brecon? He is not paying his rent and not allowing the Estate Agent to show people around the property.

Presuming your tenant is occupying the property under the terms of an Assured Shorthold Tenancy for a fixed period of at least six months and not more than 12 months, then Possession Proceedings can be started against him if he is two months in arrears with his rent and is clearly in breach of other covenants such as refusing access to your Selling Agent to market the property provided of course your tenancy agreement covers this point.

The process can take some weeks but you must follow the procedure strictly in order to avoid falling foul of the Anti Eviction Laws.

A Notice of Intending to Issue Possession Proceedings is initially served on the tenant and an application then submitted to the Court. The procedure can effectively give the tenant a further six weeks before he has to vacate, which then leaves you with the ultimate problem of having to pursue the tenant for outstanding rent.

Consult a solicitor immediately to ensure the procedure is started without further delay.

* Emyr Pierce is Managing Director of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Sep 23

Can we withdraw a written request to extend our Tenancy?

We are currently in a six-month Tenancy Agreement that ends on 16^th October. We have signed a letter to say we want to extend the Tenancy for a further six months but have changed our minds and now want to buy. Can we withdraw that letter?

Once your current Fixed Term Tenancy expires you can continue to occupy the premises under the terms of the same Tenancy Agreement without necessarily entering into a new one.

You may have indicated to your Landlord that you wish to stay living at the property, but the reality is your existing Fixed Term Tenancy has yet to expire and if you held over under the terms of the Assured Shorthold Tenancy beyond 16^th October you would be entitled to vacate on the appropriate written notice.

It’s, therefore, not too late to notify your Landlord that you do not intend to remain at the property and will, therefore, be vacating the premises on 16^th October.

Dec 8

Landlord has no right to access your flat

I came home from work last week to find my landlord in the flat I am renting. He didn’t seem to have a proper reason for being there, but said he had every right to access the flat at any time to check it was being looked after. Is this right?

For reasons of both your own privacy and security your landlord is not entitled to access your rented premises without previous notice – unless it’s an emergency.

The reason he has given you is, therefore, totally inadequate and inappropriate as any request on the part of your landlord to inspect the state and condition of the premises must be made in advance so you can be present when he inspects.

It is also an extremely dangerous thing for your landlord to do as you could easily claim that, having accessed your property, items have been mislaid suggesting that he may have removed some of your personal belongings without your consent.

You should tell your landlord that such conduct will not be tolerated and that he is clearly in breach of his obligations under any tenancy agreement, or lease. Unauthorised access on the part of the landlord can have serious consequences.