Retracting Mutually Agreed Early Departure

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Retracting Mutually Agreed Early Departure

    My letting agency contacted me last week to advise that my current tenant had given notice following the 6 Month break contract. The tenancy agreement states that 2 months notice must be given but they have stated that they would like to vacate after 1 month. This wasn’t as stated in the tenancy agreement but I advised that if I could find a tenant sooner that I would agree to the early departure. I have managed to secure a new tenant through a different letting agent so advised my current agent that I was happy to release the client early. I received a letter from the agency stating that the tenants would vacate the property on 20th June and the check out would take place on 21st June.

    Today, I have received an email stating that the tenants no longer wish to vacate on 20th but instead stay until 15th July which would be 2 months notice

    I now wish to take back the property as there are some repairs to me made and my in-laws will be taking a very short tenancy whilst their new house is completed

    I explained to my letting agent that following the written confirmation of check out that I did in fact want the tenants to leave on 20th June as mutually agreed. I have been informed that despite agreeing to an earlier check out date, the tenant can go by her original notice of 2 months ... it states that the tenant or landlord can retract notice at any time until the last day of the notice period

    Where do I stand on this matter? Can I insist that the mutually agreed early check out date is adhered to?

    #2
    This is a bit complicated. At this point you only have the email from the Agent saying that the tenants wanted to surrender early and its not clear whether their offer, if there was one was formally accepted by the Agent, and I suspect thr Agent will not be inclined to be too helpful. Either way, if the Agent has told them its ok to stay on till 15 July then youre bound by that

    Comment


      #3
      There's (probably) a difference between a notice that was too short, but accepted by the landlord (or on the landlord's behalf by the agent), and a mutually agreed surrender date in the future.

      If the notice was a notice to quit, then an accepted short notice is binding and cannot be withdrawn. This however is a break notice, so the same principles may not apply. I think it probably does, but then I'm not a court.

      If it were simply a mutually agreed date, then at most you have a contract for (a future) surrender, which on top of normal rules of contract, must satisfy the Law of Property (Miscellaneous Provisions) Act 1989, meaning in writing and incorporating all the terms which the parties have expressly agreed in one document. It would not suprise me if the agreement your agent made with the tenant does not satisfy that. If it does, you can sue for breach of contract for compensation for loss.

      Either way, if the tenant or ex-tenant doesn't leave however it came about, you would have to go to court and evict through bailiffs. You wouldn't be entitled to physically exclude them by for example entering and changing the locks when they're out.

      Originally posted by DPT57 View Post
      Either way, if the Agent has told them its ok to stay on till 15 July then youre bound by that
      If a short notice was given and accepted and it's binding, an agent agreeing in such a circumstance have probably granted the tenant a new (short) tenancy on the landlord's behalf.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

      Comment


        #4
        Please complete & paste https://forums.landlordzone.co.uk/fo...ll-new-posters

        Comment

        Latest Activity

        Collapse

        • HMO trouble!
          Jamesp1986
          Hi everyone,

          I've been renting a property out to a family and one of their friends for the last 2 years. The council have just told me that I should have applied for an HMO licence for the property as it now fits under new HMO rules. The problem is, that I remortgaged the property as a...
          19-07-2019, 18:43 PM
        • Reply to HMO trouble!
          AndrewDod
          a) Inform the mortgage company "I have been inadvertently fallen within a potential category of HMO through no wish of my own. My understanding is that it remains a single-let tenancy as there is only one AST and one single joint tenant. I am taking steps to evict the tenants as soon as possible....
          19-07-2019, 22:24 PM
        • Reply to HMO trouble!
          KTC
          Single-let doesn't necessarily mean a single family, and HMO doesn't necessarily mean multiple tenancies. It's perfectly possible to be both single-let and HMO.

          What's the definition of single-let in your mortgage? If it just mean a single tenancy, is that what you have? If not, then you...
          19-07-2019, 21:36 PM
        • S21 confusion documents not issued prior
          blinko
          Guys I have a question .

          I issued a tenancy in april 2016 the tenancy agreement was signed. I gave keys to the tenancy 1st march 2016 and protected the deposit and gave him relevant paperwork BUT I didnt get any proof I issued the paperwork.

          So 20th april i re did everything...
          19-07-2019, 11:11 AM
        • Reply to S21 confusion documents not issued prior
          blinko
          Of course but the challenge is not that the safety is is not being observed because for example consider the gas equipment to be faulty in the property blows up house burnt down everybody loses so so for me I would like to think that this is common sense.

          requesting here appears to be and...
          19-07-2019, 21:11 PM
        • Reply to S21 confusion documents not issued prior
          KTC
          I have to respond to this.

          Whether you are pro-landlord or pro-tenant, the safety of the occupiers are a hell of a lot more important than the ability of a landlord to evict a tenant without grounds....
          19-07-2019, 20:48 PM
        • Reply to HMO trouble!
          alex1
          The general rules for HMOs in England and Wales are described at https://www.gov.uk/house-in-multiple-occupation-licence:

          [/LIST]So assuming that the friend of the family counts as a separate household, if there’s five or more people in the property, you probably need a licence. If there’s...
          19-07-2019, 20:43 PM
        • Reply to S21 confusion documents not issued prior
          blinko
          Thanks for your thoughts guy is so yeah this is correct that for sure I am not able to prove that I served the correct documents prior to the tenant moving in and I have served them on three other occasions since as we have renewed the ast everything has been renewed including the positive being we...
          19-07-2019, 20:30 PM
        • Reply to S21 confusion documents not issued prior
          cymro123
          If you did not serve the tenants with a copy of the current GSC before they occupied the property it's a grey area and you will be reliant on luck if the notice is challenged. If you did not serve a copy of the GSC on all tenants in the last 12 months OR a copy of the current How to Rent at the start...
          19-07-2019, 20:17 PM
        • Reply to HMO trouble!
          JK0
          There is a distinction between a place being an HMO and a licensable HMO. Look that up, and check they are correct....
          19-07-2019, 20:09 PM
        Working...
        X