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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have a dispute regarding a break clause and email agreement

Resolved Question:

We have a dispute regarding a break clause and email agreement that changed the position of the tenancy agreement
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
We signed a new contract in November (fixed term). January the landlord said he wanted to sell before April to avoid a new tax on second property. We replied explaining we have a min 6 month break clause in place of our 12 month agreement but we are happy to negate this is he wanted to sell earlier, only on the basis that if we found a property earlier neither side would impose a penalty.
This was agree to on the email and later than month after numerous viewing of the property the landlord accepted an offer.
I response we continued our search and found ourselves a new property anticipating we were going to have to move. We emailed again and congratulated them on their sale and told them of our new property also, the date we were moving and the rent we needed to pay. We were luck enough to find a property we could move into in a bout 10 days which was mazing and meant we didnt have to have our privacy invaded while surveyors came round and the new buyer needed ot come see the property. We agreed on this date in the email and as expected the landlord said "as for your position I will be true to my word - I had hoped you would find somewhere just not quite as fast....as it stand we will bare the cost of this".
Although this is clearly pretty straight forward the landlord or rather his spouse is now disputing that is what they meant and now we are in a semi legal scenario.
I have spoken and shown the evidence to the CAB and Shelter who both agree we are correct to have acted under the instruction in the email and said it now formed a new break clause agreed by both parties.
Please see the attached docs for this conversation.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
I agree you are correct. He accepted to be bound. As such you relied on that and he can now not change his mind. You are ok and not in the wrong.
However upset his partner is, that is not your problem. He needs to sort it out with her and not you.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thank you very much for your swift reply.
I would like to know if we need a formal letter to send to our landlord and if so could you do this for us?
Expert:  Ash replied 1 year ago.
Yes I would send a letter. Sadly I can't do it for you as I am not allowed to be instructed.
Alex
Customer: replied 1 year ago.
Should it be a letter from a legal entity or one we send ourselves or does that nor matter?
Expert:  Ash replied 1 year ago.
No it doesn't matter you can send it yourself. A solicitor will probably charge around £150
Does that clairfy?
Alex
Customer: replied 1 year ago.
That is perfect.
Again many thanks for the clarity on this. As you can imagine it has put massive amounts of undue stress on us and we just want to move forward on this and leave it behind us now.
Expert:  Ash replied 1 year ago.
Indeed. Good luck
Alex
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