Can a tenancy agreement be void if the end date is incorrect?

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    Can a tenancy agreement be void if the end date is incorrect?

    A tenancy agreement has been produced by my office, upon signing it my staff noted the tenancy end date was 13 jan 2009 instead of 2010, this was recified a new page printed and replaced, the tenant however left with the new page and the incorrect page, and has used this error as reason for vacating early.
    This surely cannot be - as the tenancy would end before it began and also have been signed after it ended...? opinions please..?

    #2
    I see what you mean, but your tenant could be using the error to escape his obligations. Was the commencement date correct? If so you should use this to enforce the contract.

    Your post does say the tenancy ended in January 2010 which has also passed so had it become periodic or are you referring to 2011?
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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      #3
      IANAL but a judge would look at this and it would be obvious that the intention of both parties signing the agreement was for the tenancy to end on 13 Jan 2010.

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        #4
        Where the error is patently a clerical one, e.g. providing for a tenancy term to end on some date in the past, there can be no doubt that a court will correct it.

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          #5
          Paul F - the start date was correct it commenced on 13 november 2009 - and yes she is - she tenant vacated in november - the landlord has now come back at me with court action as he believes I should be liable for his loss of rent....

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            #6
            The landlords first actions should be to enforce the contract with the tenant - and as we think he should be successful, that should be the end of the matter. The obligation to pay rent until the end of the agreement is the tenants.

            If he fails, because a judge thinks a tenancy agreement can make time go backwards, then he may possibly have a claim against you for damages - but I personally think it is very doubtful.

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              #7
              If the document shows clearly the start date and term, whyever need it record the termination date (right or wrong)?
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

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                #8
                Thanks Guys

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                  #9
                  if the start date and the term is inputed correctly then the error should be ovious

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                    #10
                    but then again judges make some stuipd decision. lol

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                      #11
                      Originally posted by thekaver View Post
                      if the start date and the term is inputed correctly then the error should be ovious
                      Good joke, if a bit 'ovious'.
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

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                        #12
                        Originally posted by Snorkerz View Post
                        The landlords first actions should be to enforce the contract with the tenant - and as we think he should be successful, that should be the end of the matter. The obligation to pay rent until the end of the agreement is the tenants.

                        If he fails, because a judge thinks a tenancy agreement can make time go backwards, then he may possibly have a claim against you for damages - but I personally think it is very doubtful.
                        Why?

                        If receiving legal advice, the LL would probably be advised to go after both.

                        However, if he had to choose one or the other (and both had equal chance of success), I would choose the one with the deepest pockets.. and that is unlikely to be T.

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