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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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. If we signed a memorandum of agreement to renew our

Resolved Question:

. If we signed a memorandum of agreement to renew our tenancy agreement 11 months..does this extend the current tenancy agreement or create a new one? we want to leave the property as it is damp ( we felt pressed to sign renewal). We sent in renewal 3 weeks ago. The original tenancy agreement ends on Feb 25th, we are hoping to leave the property on this date. When are we bound to the renewed term (upon signing or when it starts?)  How do we get out of it ? Thanks

Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Alex Watts :

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

Alex Watts :

please let me know why you signed a new agreement when the property was damp?

Alex Watts :

In reality is it the case you have just changed your mind?

Customer:

I have been suffering from recurring respiratory problems. It was not clear that the property we live in was the probable cause of my health problems until after we sent the renewal back.

Customer:

So yes we have changed our minds you could say, but it is due to new information about my health, not being fickle.

Alex Watts :

Have the Council been involved at all?

Customer:

Not yet, we were advised first by Shelter to ask the landlord if they would agree to not go through with the renewal , which we have done, but otherwise we have the option to get the council involved. We have not yet heard back form the landlord but want to figure out what our next step is if he does not agree. Getting the council involved means he may be ordered to fix the damp problem, but we would just prefer to leave the basement property so either him agreeing to cancel the renewal or us somehow getting out of the renewal another way is our preferred option, as we need to leave health.

Customer:

Shelter were not able to advise on this as they said it was contract law stuff

Alex Watts :

But you havent signed a new contract, just agreed to extend the old one?

Alex Watts :

Was that conducted at a distance, or at their offices?

Customer:

so via a lettings negotiator from the rental agency we agreed on a term and a price, then we were sent this memorandum of agreement (attached) which we signed at home and emailed back to the office. We have not received anything back from agency in regards ***** ***** nor paid any renewal fees.

Memorandum of Agreement
Full Size Image

Alex Watts :

Did they come out to you, or did you sign the contract at home and send it back?

Customer:

It was all via post and email we did not meet face to face with anyone

Alex Watts :

Ok, give me a second

Customer:

Sorry to answer more clearly, We signed the contract at home and sent a scanned version back

Alex Watts :

Ok. The goods news is that if you signed it at home you are entitled to 14 days cooling off period under CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES REGULATIONS

Alex Watts :

If you cancel within 14 days you can get out.

Alex Watts :

If you are over the 14 days then sadly you can not cancel and you are tied in

Alex Watts :

Can I clarify anything about this today please?

Customer:

Well there is no date on the memorandum

Alex Watts :

Indeed, but I assume you remembered when you signed it?

Customer:

Yes, the date we sent it. Is it 14 business days?

Alex Watts :

Yes. Then you have 2 weeks to cancel.

Alex Watts :

So you can cancel if you are within 14 days.

Alex Watts :

Does that help?

Customer:

Ok thanks. Sadly just outside the period. I thought the cooling of period was 48 hours so we had missed it. Damn

Alex Watts :

Cooling off is 14 days.

Alex Watts :

If you are outside then sadly you are bound

Alex Watts :

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

Alex Watts :

Can I clarify anything else ?

Customer:

Does the fact that we dont know if the landlord signed the agreement either ( you can see no space name) or the fact that we haven't yet paid any rent new term or renewal administration fee have any impact?

Alex Watts :

Sadly not. Its a signed contract

Customer:

Ok. Thanks help.

Alex Watts :

Can I clarify anything else ?

Customer:

If the landlord and us both agree to cancel the contract.. is there a cooling off period (e.g. he changes his mind about cancelling)? Or once it is cancelled its cancelled?

Alex Watts :

Once its cancelled it is cancelled?

Alex Watts :

So yes

Alex Watts :

Once you cancel it, that is the end of the matter, it is cancelled.

Customer:

Ok thanks

Alex Watts :

If this answers your question can I ask you to rate my answer before you go, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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