Error in AST, now tenant refuses to pay

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  • Error in AST, now tenant refuses to pay

    Hi,

    when we had our tenant sign the AST we disn't notice that the front of the contract said it was a six month contract (correctly) but the section on notice was written around a year contract, i.e. two months notice in month ten etc.

    The tenant now wishes to leave after three months as he has a job abroard and refuses to pay any more rent saying the contract is void.

    Surely this is false, could someone just confirm this to me?

    thank you

  • #2
    unless there was a break clause in the agreement allowing the tenant to give notice - your tenant is liable for six months (on the basis that the mention of 12 months is a mistake)

    That is my opinion based on the somewhat sparse facts posted and without sight of the exact wording of the agreement.

    Comment


    • #3
      your sparse my succinct David.

      Here's the wording

      We let and you rent the property for Six months from 15th March 2005 until 14th September 2005. You must pay an initial rent of £ for the period 15th March 2005 to 27th March 2005 and then £ every month, payable on 28th of each month commencing 28th March 2005

      1 We will give you at least two calendar months’ notice, in writing, to end the tenancy on the day prior to a rent due date.
      2 You must give us at least two month’s notice, in writing, to end the tenancy on the day prior to a rent due date.
      3 Neither notice can be completed before twelve months of the tenancy have passed. This means that we can give notice in month ten and you can give notice in month ten to end the tenancy once twelve months have passed.
      4 Points 1 to 3 will not apply if you break any condition of this agreement, or if any part of the forfeiture clause applies.

      Comment


      • #4
        How many times does this type of Q arise? Too often!

        We let and you rent the property for Six months from 15th March 2005 until 14th September 2005. You must pay an initial rent of £ for the period 15th March 2005 to 27th March 2005 and then £ every month, payable on 28th of each month commencing 28th March 2005 Why alter the dates of rent payment in the first place when the rent is still legally due on 15th of each month?

        1 We will give you at least two calendar months’ notice, in writing, to end the tenancy on the day prior to a rent due date. This is only applicable if the tenancy has become periodic, and it has to end on the day at the end of a rental period - this is badly worded but won't apply here anyway. If you read it, it means you want to bring the tenancy to an end on the day PRIOR to when it should end, where what you actually meant to say was the notice would be served on the day prior to a rent day, which is not really what is stated! You don't have to wait until the last moment to serve notices, you can do so at anytime provided they are done so at least two months beforehand. For instance if you want to end the tenancy during the fixed term you can serve it at anytime but can't end it before 14 September. If you serve the notice after 14 July but before 14 September you have to give 2 months notice but it can end on any day at least two months later, not necessarily at the end of a rent period; this only applies to periodic tenancies when it must end at the end of a rent period.
        2 You must give us at least two month’s notice, in writing, to end the tenancy on the day prior to a rent due date. The tenant only has to give one months notice no matter what your tenancy agreement states, but again is so badly worded as to be irrelevant!
        3 Neither notice can be completed before twelve months of the tenancy have passed. This means that we can give notice in month ten and you can give notice in month ten to end the tenancy once twelve months have passed. This is a meaningless clause.
        4 Points 1 to 3 will not apply if you break any condition of this agreement, or if any part of the forfeiture clause applies. Also meaningless and unenforceable.

        I've posted this many times before but you have to allow the tenant to give you notice of early determination, and you must make every effort to replace him by openly advertising for a new tenant. He, however has to pay you rent until you find a satisfactory person(s) together with your reasonable costs!
        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.

        Comment


        • #5
          I thought you said "my succinct" Wilkinson

          succinct [Show phonetics]
          adjective APPROVING
          said in a clear and short way; expressing what needs to be said without unnecessary words:
          Keep your letter succinct and to the point.


          Anyway, you have a very succinct reply from Paul F!!!!!!!

          Comment


          • #6
            About as succinct as "War & Peace"!
            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.

            Comment


            • #7
              The agreement I used was given to me by a friend working at a letting agent and I'm amazed it's so poor.

              Presumably I'd be far better off buying one of the forms advertised by companies on this site?

              As for my tenant I'll go round and see him now I have some facts. Thanks for your help.

              succinctly yours

              Wilkinson

              Comment

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