Retracting Mutually Agreed Early Departure

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  • JW1980
    started a topic Retracting Mutually Agreed Early Departure

    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?

  • mariner
    replied
    Please complete & paste https://forums.landlordzone.co.uk/fo...ll-new-posters

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  • KTC
    replied
    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    If the notice was a notice to quit, then an accepted short notice is binding and cannot be withdrawn.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.

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  • DPT57
    replied
    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

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