How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

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
If this answers your question could I invite you rate my answer before you leave today.
If you don't rate then the site does not pay me for the time I have spent answering your question.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.