Lease problem- help!

[PPT]

Hi there, we're in a massive spot of bother.

Back in July we took out a 6 month lease on a property as our house had sold, and we didn't have another one lined up. We've happily lived here since then. At the time of signing up- we informed them (verbally), that we'd like a 6 month tenancy agreement, but after that we'd like a rolling tenancy with a one month break clause. Fine, no problems.

We move in, and get a "housing manager" who we also express this to. Again, fine- no problem.

He leaves, and we get a new "housing manager"- who I also express this to. Yes- I'll send you out a new tenancy agreement to sign when your expires. A month late the new one arrives.

We read it, and sign. Not being legally minded, we thought it was the right document. We were told that moving onto a rolling agreement was the norm- we had no reason to think it wasn't and signed in good faith.

We served our months notice last week as are due to move into our (bought) house at the end of Feb- and have now been told that there is no break clause in our contract. We will have to pay the full rent until June, unless another tenant can be found. They have no recollection of any of our conversations about the rolling tenancy (conveniently). We also have to pay another admin charge for the early release, and advertising costs.

We have appealed directly to our landlord- but not surprisingly he doesn't want to know- as this way he remains in pocket! To be fair, this isn't his fault.

We have been mugs for signing the wrong agreement- but to be fair, we have been issued with the wrong document, despite repeatedly asking and asking for what we wanted (and being told it was fine). Why would we knowingly sign another fixed tenancy when we'd already exchanged on our next house.

Having to pay 4 months overlap on rent and mortgage is going to be crippling.
Any advice? We are going to seek formal legal advice as well as asking (through the data protection route) for all records of our conversation.

The property won't necessarily rent quickly, it is a high rental property in the sticks! I am so stressed it's untrue. Can't believe we signed the wrong this.

[LIZS]

You didn't need to sign a new agreement at all , a AST automatically just rolls after the initial period. Sorry but I fear you are relying on goodwill now or a quick relet to get you off the hook. CAB may help you write a letter to try to negotiate.

[PPT]

We weren't told that it would automatically move onto a rolling period. Would that stand us in good stead legally?

[Collaborate]

Not really. If you signed the new tenancy, you can be held to it.

[emskaboo]

It is worth saying though that the landlord/letting agent can't just sit on their bums for four months. They have to take steps to mitigate their loss, ie let the property. If I were you I'd accept paying the fees etc but be in them every step of the way about where and when they advertised and when they have prospective tenants viewing etc.

[PPT]

Thanks for advice. Spoken to a solicitor today who said:

• either suck it up, and agree that they start advertising it ASAP. Hope they find tenant soon.
  

• leave when we planned to, stop paying rent, and risk them coming after us in court. Apparantly though, LL would need to prove that he tried to relet the property ASAP- and could only come after us for lost rent.
  

Both options sound pretty similar- although bottom one would be more a hassle for the LL, and more pleasure for me- as the letting agent has shafted us.

But, being that we are good people (and wouldn't want court proceedings), the likelihood is, that we will do the first.

Grrrrr. I just think that hopefully karma will come round and bite the horrible letting agent on the bum.