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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, We need some help reviewing a contract that has been

Resolved Question:

,
We need some help reviewing a contract that has been made between our letting agent and our tenant (in 2006 we gave permission to look after the house and sign on our behalf). They have taken tenants in October 2014 and we wish them to vacate the property, we need you to check over the contract to see if we can be released from it. We are told they can remain until October 31st.
Best regards
Debbie Hamilton
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

How many pages is the contract please?

Customer:

4 pages, can i email it to you?

Alex Watts :

Can you attach it here?

Customer:

not sure if that worked ?

Alex Watts :

I think so. Hold on

Alex Watts :

Ok, can you cancel - no

Alex Watts :

My reading is they can stay until 31.10.15

Alex Watts :

There is no clause allowing to cancel

Alex Watts :

So no, I am sorry based on the contract you are tied in until 31.10.15

Alex Watts :

I am sorry if this is not the answer you are after and this is certainly not the one I want to tell you, but I have a duty to be honest

Alex Watts :

Can I clarify anything about this today please?

Customer:

Is there no way we can get them out? We need to sell the house as soon as possible.

Alex Watts :

Unless they have breached the contract then no. If you sell the house in theory the new people could let them stay until 31.10.15

Alex Watts :

If not and they are moved out sadly you could find yourself in breach of contract and have to pay accomodation

Alex Watts :

I am sorry, but the contract allows them to stay until end of October

Alex Watts :

Can I clarify anything else at all?

Customer:

Sorry If I keep coming back to you on this topic but I do feel that I've been tied to something without knowing. As mentioned earlier, in 2006 we give the letting agent permission to sign tenants agreements on our behalf however my expectation was that I would at least be involved in defining the content of such agreements (or better still view the agreement) before being signed. I didn't see this agreement prior to being signed and was under the impression that the fix term (like previous ones) had the standard break out claus included. Is there nothing I can do with this situation?

Alex Watts :

The contract states the tenant can stay there until October 2015

Alex Watts :

Sadly that means you are tied in

Alex Watts :

You may be able to sue the agent but sadly you cant get the tenant out

Alex Watts :

I am very sorry but I have to give you truthful information

Alex Watts :

No.

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