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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am currently in a private rental property where the

Resolved Question:

Hello, I am currently in a private rental property where the landlord is demanding the total rental term up to July 2017 as I have informed him that I'm buying my own property.
This as you expect is creating a major problem.
The tenancy agreement I have noticed does not specify the length of the tenancy as it says 12... But neither the weeks/months is crossed out to confirm its period.
Can I challenge this agreement? Which also does not have witness signatures either?
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

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

Have you signed it yet? Does it say it is rent up front for 12 months?

Customer: replied 11 months ago.
I have signed the standard agreement which is paid monthly but this agreement which I have the original copy does not confirm the length of term fully as neither the weeks/ months option has been crossed out.
Can I challenge this tenancy as not legally binding due to this and not be held hostage to their demands.
I have lived in the property for 6 years and never been in arrears.
Expert:  Ash replied 11 months ago.

Ok - but do you want to move out?
Did you get a booklet called ' How to rent ' ?

Customer: replied 11 months ago.
I've reserved a brand new house and currently in the process with mortgage / solicitors. House will be finished late Sept 2016.
I have never seen the booklet.
Customer: replied 11 months ago.
My landlord text me stating they were contacting a letting agent to advertise the house so a sign may go up on the property within a day or so.... The sign was put up just on Monday.... The landlord then personally posted a letter yesterday saying the letting agents fee's are £300 and it is our decision to advertise the property requesting permission but the property is already on the agents website. I was confused with this move.
Expert:  Ash replied 11 months ago.

When did you sign this contract? Is your deposit protected?

Customer: replied 11 months ago.
Signed in July 2016... My deposit is protected and will be returned following house inspection for damages etc...
I have offered the landlord an extra month plus to retain the deposit which means if we move out after September rent payment taking period up to Oct 16th the property will be paid for until Dec 16th so it gives him a period to find a new tenant.
They are not discussing the offer and are just confirming I signed until July 2017.. As I say the contract confirms start of term but the length is not specified due to their error when filling in the agreement.
Expert:  Ash replied 11 months ago.

What does it say about termination?

Customer: replied 11 months ago.
If at anytime any part of the rent is outstanding for 14 days after becoming due or there is any breach non observance or non performance by the tenant and/or other term of this agreement which has been notified in writing to the tenant and the tenant has within a reasonable period of time to remedy the breach or pay reasonable compensation to the landlord for the breach.
Any of the grounds contained in the housing act 1988 schedule 2 apply
Expert:  Ash replied 11 months ago.

Does it say on the top its an Assured Shorthold Tenancy?

Customer: replied 11 months ago.
Tenancy agreement England and Wales for a furnished house or flat on an assured short hold tenancy.....
However this was unfurnished
Expert:  Ash replied 11 months ago.

Ok. I dont think you can break the agreement, You signed for 12 months, however if it does not specify the length then an AST has to be 6 months.

So I think you are bound for 6 months. However if you leave early the Landlord can re-let the property.

You would only be responsible for the EMPTY period.

But given the agreement is defective, does not mean it is void all together, it is still binding, but only for 6 months.

But if someone else moves in then you are only liable for that period where nobody was there.

I am sorry if this is not necessarily the answer you want, nor 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?

Customer: replied 11 months ago.
Does that mean we would only be liable until January 2017 unless someone takes over before we leave?
Expert:  Ash replied 11 months ago.

Technically yes, but the Landlord needs to market it. The Landlord cant just take no action

Does that clarify?

Customer: replied 11 months ago.
He has plac d it on the market.. Sign outside and it's on Andrew Craig website
Expert:  Ash replied 11 months ago.

Ok - then you would only be liable for the period it is empty

Does that clarify?

Customer: replied 11 months ago.
thanks
Expert:  Ash replied 11 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

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