Landlord created AST documentation after tenancy started, documentation is ambiguous

  • Filter
  • Time
  • Show
Clear All
new posts

    Landlord created AST documentation after tenancy started, documentation is ambiguous

    I'd be interested in your opinions on this state of affairs:

    Tenant and landlord's agent negotiated by email for a 3 month minimum tenancy for a room in an HMO, keys were handed over 27th Dec 2018, but no documentation created. The rent period starts on 1st of the month and additional rent was requested and paid from the 27th to the 1st Jan.

    Jan 15th, the landlord supplies a badly edited 6 month AST document with the 'Term of Tenancy' set to 'from 27/12/18 for 3 months' but all other clauses still showing 6 months. This was electronically signed on the 22nd Jan after further emails agreeing that the minimum term was 3 months.

    The tenant wants to leave ASAP, but there is ambiguity over the end date of the fixed term.

    Was a tenancy created by the tenant moving in on the 27th? What sort of tenancy? Does the badly worded AST over ride any such informal tenancy and can it be argued that the ambiguity invalidates the written AST?

    It's a mess.

    (Also, How to rent doc not sent until 10th Jan)

    The tenancy began when the tenant took possession in exchange for rent, so the 27th sounds like the start date.

    Does the tenancy agreement have any kind of rental period defined, something like "the tenancy starts on the 27th December and ends after three months on the 27th February?"

    There doesn't need to be a tenancy agreement at all, but there clearly is (however ambiguous) and there's nothing in what you've said that makes it invalid, just not very good.
    Even if the agreement wasn't valid (although I can't imagine how) I don't think it changes anything - you have a tenancy that begins on 27th December and you've agreed outside the tenancy agreement that the fixed term is three months, so the tenancy is now periodic.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


    Latest Activity