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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice.
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Hi, I want to rent a flat but was not happy with one of the

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Hi, I want to rent a flat but was not happy with one of the clauses of the tenancy agreement. However, the agency refused to take it out, instead they emailed me a confirmation that this clause does not apply to me. Would this email be sufficient to consider that clause invalid in case of a dispute? If so, should I sign the agreement?
Please see their response below:
"Following my conversation with you I can confirm the following clause does NOT apply to you:
This is a fixed term tenancy agreement for the period specified . There is no provision for the Tenant/s or the Landlord/s to
terminate the agreement before the expiration of the fixed period. In the event that both parties agree to vary this clause
rent will be due up until the end of this agreement or when the Landlord or a new Tenant takes possession of the said
property. In addition, if the request to vary this clause was at the request of the Tenant, the Tenant will reimburse the
Landlord the letting commission (10% of the rent + vat) from the date of early termination until the date that this contract
was originally due to expire.
However you will need to give us two months’ notice in order for us to find new tenants for this particular property and once new tenants have signed up you will be released from this property without any further charge/fee.
As mentioned I will need to get your final decision before 1pm today.
Any questions or queries please call or email me."
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
Your Tenancy Agreement is for a fixed period of time, and you are therefore responsible for paying the rent for the duration of this fixed period. Likewise, the Landlord is duty bound to allow you to remain living in the property for the full duration of the fixed term.
The wording quoted is just discussing the hypothetical situation whereby both you and the Landlord wish to end the Tenancy before the end of the fixed period and this would be the normal course of action which is taken in such circumstances (ie you give the Landlord 2 months Notice and pay him the commission fees he would in effect have lost if the Tenancy were ended earlier than the fixed term).
You therefore have nothing to worry about concerning the clause, in that you still have the security of the fixed term.
I hope this helps and answers your question.
Kind Regards
AL
Customer: replied 2 years ago.

Thank you for your response. My understanding is that the clause the requires me to pay 10% + VAT of the rent if I initiate early termination. In effect, if I need to terminate it after 12 months, I will still need to pay 10% (+VAT) of the rent for the remaining 24 months (the agreement is for 3 years). I wanted to remove the part following "in addition...", but they sent me an email instead. I am worried that the email will not be recognised as legally enforcable and in case of early termination I will still have to pay 10% of the rent, even thought I will not be using the property

Customer: replied 2 years ago.
Relist: Incomplete answer.
Hi, I want to rent a flat but was not happy with one of the clauses of the tenancy agreement. However, the agency refused to take it out, instead they emailed me a confirmation that this clause does not apply to me. Would this email be sufficient to consider that clause invalid in case of a dispute? If so, should I sign the agreement?
Please see their response below:
"Following my conversation with you I can confirm the following clause does NOT apply to you:
This is a fixed term tenancy agreement for the period specified . There is no provision for the Tenant/s or the Landlord/s to
terminate the agreement before the expiration of the fixed period. In the event that both parties agree to vary this clause
rent will be due up until the end of this agreement or when the Landlord or a new Tenant takes possession of the said
property. In addition, if the request to vary this clause was at the request of the Tenant, the Tenant will reimburse the
Landlord the letting commission (10% of the rent + vat) from the date of early termination until the date that this contract
was originally due to expire.
However you will need to give us two months' notice in order for us to find new tenants for this particular property and once new tenants have signed up you will be released from this property without any further charge/fee.
As mentioned I will need to get your final decision before 1pm today.
Any questions or queries please call or email me."
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
I think your expert is probably offline right now but I will contact him about this. I'm sure he will respond soon.
Customer: replied 2 years ago.

Hi, I want to rent a flat but was not happy with one of the clauses of the tenancy agreement. However, the agency refused to take it out, instead they emailed me a confirmation that this clause does not apply to me. Would this email be sufficient to consider that clause invalid in case of a dispute? If so, should I sign the agreement?

Please see their response below:

"Following my conversation with you I can confirm the following clause does NOT apply to you: This is a fixed term tenancy agreement for the period specified . There is no provision for the Tenant/s or the Landlord/s to terminate the agreement before the expiration of the fixed period. In the event that both parties agree to vary this clause rent will be due up until the end of this agreement or when the Landlord or a new Tenant takes possession of the said property. In addition, if the request to vary this clause was at the request of the Tenant, the Tenant will reimburse the Landlord the letting commission (10% of the rent + vat) from the date of early termination until the date that this contract was originally due to expire. However you will need to give us two months’ notice in order for us to find new tenants for this particular property and once new tenants have signed up you will be released from this property without any further charge/fee. As mentioned I will need to get your final decision before 1pm today. Any questions or queries please call or email me."

Expert:  Remus2004 replied 2 years ago.
If you are going to sign the agreement and they will not agree to take the clause out, but have given you an email, there is no reason why you should not put a line through the clause, initially it and then signed the document.
If that is not acceptable to them, I would not sign the document because there is a possibility the landlord will argue that the agent did not have the authority to do this and you are better not having the argument at a later stage.
There is also no problem in making handwritten (manuscript) amendments to the document and initialling them and passing that signed document over either
Can I clarify anything for you?
Customer: replied 2 years ago.

Thanks a lot, for the response. They actually sent me a link to electronic document that cannot be changed, so I guess I will either ask the landlord to sign the email or add that text into the agreement, would this be something that you would recommend?

Expert:  Remus2004 replied 2 years ago.
If you are signing the document by hand, there is no problem in sticking a line through the relevant clause. If you are being asked to "sign" it electronically then I would want confirmation from the agent that the landlord has agreed to this amendment.

There is one thing which is really important and that is that you need to read the agreement from end to end, every single word, to make sure that there is not reference to "this being the whole agreement" otherwise anything else which is attached simply does not apply.

Provided that is not in there, then I would want the amendment document signed by the landlord and the agent before I signed anything
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70197
Experience: Over 5 years in practice.
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