Cancel Contract?

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  • Cancel Contract?

    A 6 month AST is due to expire in April. A new 6 month AST has been offered by the agent and has been signed by the tenant.
    Can the tenant now change their mind about the new contract.

    Tony

  • #2
    I dont see why not, as the original contract has not expired, so therefore the new arrangement cannot be enforced.
    I would've left it until nearer the renewal date to sign any extension.
    Write a letter stating that you have reconsidered your position and you would like to just go on to a statutory periodic tenancy.
    Please note i may be in pumpkin mode, the light might be on but i may not be here

    Comment


    • #3
      TonyH: are you L, T, or L's agent?
      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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      • #4
        I was of the understanding that if a ast has been signed and dated regardless that its in the near future that is legal and binding from the date on the ast.(not the start of the tenancy on it)

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        • #5
          Originally posted by johnboy View Post
          I was of the understanding that if a ast has been signed and dated regardless that its in the near future that is legal and binding from the date on the ast.(not the start of the tenancy on it)
          John you may be right but i dont see how you can enforce a new agreement thats signed before the renewal date?
          Surely legally it shouldn't even be signed before the renewal date, i had this with my l/a and i refused to do it as we were looking for somewhere else to live anyway!
          Please note i may be in pumpkin mode, the light might be on but i may not be here

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          • #6
            One can enter into an Agreement dated now yet creating term starting later. It is legally binding at once.
            Exceptions:
            A. Term cannot begin >21 yrs later: s.149(3) of Law of Property Act 1925.
            B. If term begins >3 mths later, lease of unregistered land has to be registered at HMLR no matter for how short a term it was granted.
            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).

            Comment


            • #7
              Only the landlord's signature makes a tenancy legally binding (whether as an endorsement to the one document or a signatory on it's own to a counterpart) so the tenant's on its own is not enforceable; I would say the tenant can at this stage withdraw.
              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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              • #8
                Thanks for your reply's guys

                Jeffery: I was asking on behalf of my son. The agent contacted him to see if he wanted to sign a new 6 month ast about 5 weeks before the old expired. He signed it,then decided he wasn't sure he was going to stay another 6 months.I told him he was probably committed now he had signed. He should have let it go periodic I suppose.

                Tony

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                • #9
                  Originally posted by TonyH View Post
                  Thanks for your reply's guys

                  Jeffery: I was asking on behalf of my son. The agent contacted him to see if he wanted to sign a new 6 month ast about 5 weeks before the old expired. He signed it,then decided he wasn't sure he was going to stay another 6 months.I told him he was probably committed now he had signed. He should have let it go periodic I suppose.

                  Tony
                  I tend to agree with you. After all, L needs to know if property will be falling vacant; and T would be understandably cross if he signed-up to renew and then found L not honouring the renewal.
                  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).

                  Comment

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