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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71043
Experience:  Over 5 years in practice.
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There, I have signed a tenancy agreement and posted it back

Customer Question

Hi there, I have signed a tenancy agreement and posted it back to my state agent in January however it turns out that they did not receive this which means they do not obtain a signed copy the tenancy agreement. Due to a financial crisis thanks to a job loss, I must move out. The state agent still wants to treat me under the clause/agreements giving a 2 month period before I can leave. They have told me that it does not matter whether they received it or not as I continues to pay rent.
Are they correct ?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
What are the dates of the AST please?
Customer: replied 2 years ago.
My apologies do you mind explaining what AST is ? Thanks
Expert:  Remus2004 replied 2 years ago.
Assured shorthold tenancy agreement.
Customer: replied 2 years ago.
The AST dates are from 09/01/2016 to 10/01/2017
Expert:  Remus2004 replied 2 years ago.
Ok. Is there a break clause?
Customer: replied 2 years ago.
There is a break clause, I must give a 2 month notice period, however they do not have a signed copy of the agreement from my behalf (tenant).
Expert:  Remus2004 replied 2 years ago.
Not sure what you mean?
Customer: replied 2 years ago.
Sorry, it says the following - Term of tenancy twelve months subject to a breakclause of 60 days that can be activated by either party at any time during the tenancy.
Expert:  Remus2004 replied 2 years ago.
Ok. That isn't too bad then.The agent is right. Whether or not the agreement was received is a non issue. One clearly exists and you accept signing a paper document.The fact that you are paying rent and living there is evidence of a contract.If you are seeking to limit the notice period then it is possible that could happen as a court would expect them to start looking immediately for a replacement and two months is a rather generous period of time for them to find a replacement. Quite often tenants just have to pay one month but that can't be guaranteed.Can I clarify anything for you?Jo