6 MONTH CONTRACT RIGHTS?

[jelly11b]

I am currently in a 6months contract, i have 6 months left as it starts on the 16/06/2010. I have been in the property for 12months already. I want to give my notice but in my contract it does not say anything about a notice period?It just says the land lord has to give us two months notice period. I rang the estate agency and they said i can gove one month but i will have to pay rent for the full term, or alternatley they can put it back on the market and find someone to take it over but they will charge mee £200.00 to do this.
My understanding was that after you have been in a property 12months you could give a months notice and not have any fee's or have to pay the rent in full for the whole 6months.

Could someone please advise on what my rights are?

[cherrychapstick]

when did you sign your new contract?

[jb190281]

As you have signed another tenancy agreement for a 6 month period, it is usual practise that you cannot be released from that agreement without a clause such as the ones the agent has mentioned to you.

Check with Shelter for further housing advice.

[237SJ]

Depends on the rental agreement but I would have thought most agents would use similar. I rent out a property and in the first six months the tenant has to give four months notice, but after that although the agreement is renewed automatically, they only have to give one month. There are no financial penalties. Maybe they`re pulling a fast one and if it doesn`t say anything in your copy of the rental agreement I wouldn`t have thought they could do anything about it.

[jelly11b]

It starts tomorrow but we signed for it around 4-5 weeks ago? but by law should they have gave us the option to have a periodic contract and not a fixed term?
Also i rang today and asked if i could withdraw the contract befoe it officialy starts on the 16/06/2010 and lose my admin fee they said no as you have already signed? Is this true?

[buildersmate]

In answer to your second question, since you signed another contract, you are stuck with it - even though it only starts today.
What your first question asks is, should the agent have pointed out to you that you didn't HAVE to sign another contract because the existing one COULD just roll on. If they had pointed that out to you and you had refused to sign, the landlord would have (in all probably) just given you 2 months notice to quit anyway. Would you have accepted? - its all a bit academic now anyway since you did sign.
Trying to use this argument now is pretty pointless, I reckon, but you could try talking to Shelter about it.

[Twenty20]

If youve signed a new contract, which you have, and there is no break clause, then you are liable for the full term - 6 months in this instance. The fact that you have lived there for 12 months previously is, unfortunately, irrelevant as this is a new contract.

The contract could have gone periodic (i.e. a rolling contract with 1 months notice from you) if the landlord had agreed, but this is not the case. The landlord is not obliged to offer this.

Now that youve signed a new 6 month contract then that is what you are liable for. You can ask the agent to re-market the property but you will be liable for rent and marketing costs up until a new, suitable tenant is found, although this may well be the cheapest way out of it.