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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My son has signed atennancy agreement to start July 14 and

Resolved Question:

My son has signed atennancy agreement to start July 14 and paid a holding deposit. The landlord has now stated she will sell the property unless my son pays an additional 80 pounds per month and is seeking a new tenancy agreement to be signed. What rights does he have if the tenancy has not yet started?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Was it signed by both parties please?
Customer:

I believe so. My son is a student and the tenancy is actually a joint tenancy with his student girlfriend. I am the guarantor along with his girlfriends father. All documents were sent to us to sign 2 months ago. I believe they had already been signed by the landlord. The agreement itself was handled by a local letting agent. Today the letting agent sent us an email stating the landlords intentions. The email from the agent states that the tenancy agreement HAS been signed but that the instruction to sell only came after they had agreed to let the property. The Agent goes on to say the landlord is within her rights as the tenancy has not started. They then say that they understand from the landlord that the only way out is for my son and girlfriend to accept the rent increase. They are prepared to do this as the property comes with parking and is in central Portsmouth. My concern is what is to stop the landlord doing exactly the same again before they move in and therefore assume any rights. Therefore my questions as to what if any rights they have at present

Alex Watts : If it is signed then it is a contract. If it is a contract signed by tenant and landlord then in law it can't be changed and rent increased.
Alex Watts : If it is they can sue for breach of contract, regardless of the fact that the tenancy has not started
Alex Watts : If it is signed by tenant and landlord it is a legal contract.
Alex Watts : He can not demand more rent than what is in the tenancy agreement.
Alex Watts : If it is not signed by landlord and tenant then the contract is not binding at this stage and either party can pull out before it is signed.
Alex Watts : Can I clarify anything for you about this today please?
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