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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Is a tenancy agreement legal if it is signed 5 months in advance

Resolved Question:

Is a tenancy agreement legal if it is signed 5 months in advance of the start date of the tenancy?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Is there any reason you think it may not be? The dates are clear?
Customer: replied 1 year ago.
We have some students who are wanting to pull out of a tenancy agreement they signed in January. The tenancy is due to run from 1 July 2016 to 30 June 2017.We have to sign them at that time as that is when the university holds its accommodation fair, and so that is when all the students are looking for accommodation for next academic year,I remember hearing some time ago that if the signing was more than about 3 months in advance of the start date that it was not legal, but I am not sure if that is correct. We are having problems with some of the parents wanting to see copies of the signed tenancy agreements. I am sure that the tenancy agreement itself is fine, but just want to make sure that we are ok as regards ***** ***** agreements were signed.
Expert:  Jo C. replied 1 year ago.
It isn't the dates of the contract per se that is the issue. A person can sign a contract in advance and be bound by it.The problem here though is that if they have told you now then you have time to find a replacement and you do have a duty to mitigate your loss by looking for a replacement.If they are saying they can just walk out because it is a contract signed in advance then that is just plain wrong.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
No that is fine. Thank you.
Expert:  Jo C. replied 1 year ago.
No problem. All the best.Please remember to rate my answer.
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