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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Have left uni, have signed a pre tenancy agreement July

Customer Question

have left uni, have signed a pre tenancy agreement for 1 July 2016 for a year and now no longer need the room. How can I get out of the agreement seeing as it hasn't started yet, paid a deposit
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you with his.Has the Landlord signed as well do you know?Alex
Customer: replied 8 months ago.
Yes, they signed a pre tenancy agreement but nowhere in the contract does it mention coming out of the contract before the fixed term date, as we are four months away from the date, there must surely be some way of cancelling the contract
Expert:  Ash replied 8 months ago.
So nothing about termination? Was the contract signed at a distance, or did you go in and sign?
Customer: replied 8 months ago.
No nothing about termination, I know that once the fixed term date starts he cannot give notice and he went to the letting agents and signed with the other future tenants.
Expert:  Ash replied 8 months ago.
was it signed at a distance or at the agents?
Customer: replied 8 months ago.
he went to the agents with the other tenants
Expert:  Ash replied 8 months ago.
what does the pre tenancy say? You will have the room?
Customer: replied 8 months ago.
yes it says he will have the room between the dates 1 July 2016 and 30 June 2017 and says between that time there is no get out clause but mentions nothing about cancelling the contract 3 1/2 months before the 1 July
Expert:  Ash replied 8 months ago.
Are you required to sign a tenancy closer to the time to renting on 1/7/16?
Customer: replied 8 months ago.
No, we have paid a deposit
Expert:  Ash replied 8 months ago.
Ok, on that basis then I think this is a binding contract. If you had been required to sign a further tenancy agreement closer to the time, then you could argue this agreement is subject to a later contract.On the basis this is the final document and you have paid a deposit I am sadly of the view this is a binding contract.I accept there are no terms about wanting to get out, but that does not assist you. A person wanting to infer terms into a contract must have evidence of this - in short if you want to get out there must be a term letting you out before it starts - sadly there is not.If you had signed at a distance then you would have a 14 day cooling off period.But on the basis you signed this and it does not allow you to be released early, I am sorry to say that this is considered to be a valid binding contract.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 8 months ago.
I am sorry I disagree with you as until the specified date there must be some way of being released, what if , death, illness etc. I will be contacting other agencies specifically university agencies, that must had to deal with this in the past. At very least I feel we can send a formal letter to the letting agency, giving notice that we will not be using the accommodation and we will not pay rent and it is upon the other tenants to pay the room unless they fill it, i cannot believe a court would uphold this contract, until the date the tenancy agreement starts, let alone 31/2 months before. to this end, I do not believe i should have to pay for you answer as I feel there is more we can do. If at some point in the future, I find you are correct then I will pay what is owed.
Expert:  Ash replied 8 months ago.
Unless the contract says you can be released because of illness then you can not.If you die then the contract automatically ends because you can not have a contract with a dead person, but in that case there would be a claim on the deceased estate.You can give notice, but you have signed a contract.What about someone who places an order to have windows made and installed 6 months down the line. That is still a contract.If you breach the contract the Landlord can sue you for lost rent. He can of course get someone else in but you would be responsible for any of those costs but then not responsible for lost rent once the tenant moves in.I specifically asked about whether another contract would be signed, or whether this was at a distance to try and get you out of it - but the answers you have given do not confirm that this is possible.In short you appear to have signed a contract for accommodation in the future and UNLESS the contract says you can terminate or quit, then sadly its legally binding.I am sorry that this is not the answer you want, but any Solicitor will give you the same answer.
Expert:  Ash replied 8 months ago.
Can I clarify anything else for you?Alex

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