Wrong contract date

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  • jpkeates
    replied
    The 12-month term is referenced twice, and the dates once.
    I think the term would win out.

    The balance of probabilities is that the date (which is wrong once) is the mistake, rather than the term.

    Also (having seen the wording) the break clause is meaningless.

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  • Pixo
    replied
    The problem is there are 2 notes on the contract renewal that its fixed therms of 12 months and "the contract is for one year with a three month break clause and notice" . Does it mean that I can give notice and move after 3 months? Thanks to all of you

    Leave a comment:


  • Lawcruncher
    replied
    Originally posted by DPT57 View Post

    It doesn't matter if the emailed half an hour later, they cant go back on the terms of the signed contract if the tenant doesn't want to
    Not necessarily. If the landlord can show that immediately before the agreement was signed both parties believed the term would end on 10.11.2019 he is entitled to rectification. The onus is on the landlord to prove the mistake. As the new agreement was signed before the old one expired I think the landlord may have a problem.

    Absent a court order, I do not see how any arbitration on the deposit can find for the landlord.

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  • DPT57
    replied
    Originally posted by ash72 View Post

    You have written evidence these are the legal dates, do you have any letters/emails shortly have the contract had been signed that there had been an error by the agent, if not you are safe to leave accordingly in Oct, but provide your notice accordingly.
    It doesn't matter if the emailed half an hour later, they cant go back on the terms of the signed contract if the tenant doesn't want to

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  • ash72
    replied
    Originally posted by Pixo View Post
    Dates are 10.11.2018-10.05.2019 and 10.04.2019-10.10.2019
    You have written evidence these are the legal dates, do you have any letters/emails shortly have the contract had been signed that there had been an error by the agent, if not you are safe to leave accordingly in Oct, but provide your notice accordingly.

    Leave a comment:


  • SE_Renter
    replied
    if those dates are reflected on your signed contracts then you don't have anything to worry about. You give notice to leave on the expiry of your latest fixed term (10/10/19) and if this is disputed by LL then use the deposit protection company to resolve (assuming your deposit was properly protected etc). Changes are they will withhold your deposit to try and cover their error but provided your contract reflects what you've said then this should be dismissed.

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  • Pixo
    replied
    Dates are 10.11.2018-10.05.2019 and 10.04.2019-10.10.2019

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  • ash72
    replied
    If the dates are :

    Start 10.10.2018 - End 10.04.2019 (Six month fixed term)

    New Start 10.04.2019 - End 10.10.2019 (another six month fixed term)

    If this is correct, there is a strong argument that you were given two 6 month fixed term contracts, and no mistake was made. You should give your notice into the agent and LL, after all your giving over 3 months advance notice of your intention to move out.

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  • jpkeates
    replied
    To an extent it depends on what the "contract renewal" is.

    However, if the agent made a mistake, that's the landlord's problem, not yours.
    However, I don't really understand the landlord's argument.
    6 months from 10/10/18 doesn't run until 10/11/19 and neither does 6 months from 10/4/19.

    The agent was simply trying to earn a fee ahead of the fees ban from the sound of it.

    Leave a comment:


  • Pixo
    started a topic Wrong contract date

    Wrong contract date

    Hello guys I've got a problem. We rented a flat with contract for 6 months(from 10.10.2018). Before it finished we signed a contract renewal (from 10.04.2019 till 10.10.2019) the landlord is trying to say that the estate agency made mistake in merging contracts and we are about to pay till 10.11.2019. We want to move out and we set everything up to move to another place at october. We cant pay for 2 places at one time. What we can do if the date on contract is till november? Can they change it without our allowance?

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