Is a tenant liable for re-advertising fees if they give a month's notice to leave, but are on a 6-month contract that was never signed? | Lawhive - Solicitors & Lawyers Online
Is a tenant liable for re-advertising fees if they give a month's notice to leave, but are on a 6-month contract that was never signed?
#housinglaw Need some advice please. I emailed the estate agent on the 23rd March to give my months notice to leave. I had a reply back saying I was in contract until august and if I left before that I would be liable for landlords readvertising fees. However, I have not signed any 6month contract. We emailed in February asking if I wanted 6 or 12 months renewal, I said 6 and she said she would contact landlord and get back to me. I haven’t heard anything since so presumed as nothing has been signed or said I was on a month rolling contract so a months notice to leave is fine. Am I wrong in my thinking? Am I liable for the re advertising fees? Also can they keep my deposit if i do leave? Thanks

Denise Velasco

12th April 2022

Top Answer
NQ - you should look properly into your contract. If your contract states after the expiry of the existing terms, you are on monthly rolling contract, then terms should normally be one month. Agents can be bullies. I had an agent who tried bullying me into these fees and I stood my ground exactly how it was in the contract- if anything they were in breach. They backed down eventually. So you need to highlight to them in an official email your rights as per the contract, your communications to them date and responses and that you will not be accepting any advertising/ additional charges, So it is all about your official comms and what’s stipulated in your contract. Btw where is your deposit stored? It should be this centralised account (can’t remember what it is called) where it will be released when both parties agree ..

Yolanda Harding

12th April 2022

Nq housing professional cmcih -you can only go on what your contract says. If you require a month's notice and you have provided it, there is not much else they can do. Ref advertising fee, I would check your contract, but sounds odd to me and unlikely to be in there. Assuming your deposit is in the tenancy deposit scheme, they will have to justify any deductions.

Annette Williams

12th April 2022

NQ - paralegal - Jack is correct, read your contract. If no agreement was reached regarding the additional 6 or 12 months it could be that your tenancy reverted to a periodic tenancy. Here are the instructions on how to end a periodic tenancy - https:// england.shelter. housing_advice/ private_renting/ ending_a_periodi c_tenancy

Ruth Barlow

12th April 2022

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