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No, you can't cross out part of the contract, unless the LL has agreed to this.
If you have been served with a section 21 more than 2 months before the end the landlord can claim possession upon the end of the fixed term tenancy.
Section 21 notice was served when we went to sign the contract about a year ago.0 -
A S21 is invalid ifSection 21 notice was served when we went to sign the contract about a year ago.
* it is issued before the tenancy starts. Sensible LLs therefore would date it a say after the tenancy agreement commences to avoid arguement about exact timing
* it is issued before and deposit paid has been registered in an authrised scheme AND the 'Prescribed Information' has been issued to the tenant
Read also:
Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)
If the email agreeing to allow you to leave with one months notice was sent after the new tenancy agreement is signed (again, to avoid argument over timing I'd advise next day at earliest), then in theory it would amend the terms of the already signed agreement.
If it was sent before, then the terms of the agreement would apply (since they were signed/agreed after the email).
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A S21 is invalid if
* it is issued before the tenancy starts. Sensible LLs therefore would date it a say after the tenancy agreement commences to avoid arguement about exact timing
* it is issued before and deposit paid has been registered in an authrised scheme AND the 'Prescribed Information' has been issued to the tenant
Read also:
Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)
If the email agreeing to allow you to leave with one months notice was sent after the new tenancy agreement is signed (again, to avoid argument over timing I'd advise next day at earliest), then in theory it would amend the terms of the already signed agreement.
If it was sent before, then the terms of the agreement would apply (since they were signed/agreed after the email).
Thank you for your useful post and taking time to read the full thread. The email was sent few days ago and the contract is not signed yet. It will be tricky to ask the agent to send another email after as they would have already got the signed copy and this is what they want.
Part of me wants to trust the agent but I think the contract can be about anything and I can't see why they can't amend it.
Very confused0 -
you cant trust the agents, bet they want £80 to renew alsoDon't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.0
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You sign the contract as it is, you will be bound by the contract as it is.
Part of me wants to trust the agent but I think the contract can be about anything and I can't see why they can't amend it.
There is no reason it cannot be altered.
Does this all have to be done by post or is the agent nearby?
* Cross-out/amend the relevant term of the contract to read as you wish (one months notice).
* Photocopy it as amended
* Sign one copy of the contract and initial the amendment
* go to the agent's office, with the 2 copies and the email
* show them the email and explain you have amended the contract as agreed in the email
* get the agent to sign the 2nd copy of the contract and initial the amendment
* give the agent your signed copy, and keep the copy he has signed/initialed
Legal.0 -
I recently renewed my tenancy agreement and signed up for twelve month fixed term contract in the beginning of October 2014. Periodic tenancy wasn't an option for me because the options were sign up to a 12 month fixed term or vacate the property by the end of the current term. I am fed up of moving so signed up to twelve month fixed term BUT I requested the letting agent to add a 6 month break clause to the new agreement so after initial 4 months I can give two months notice and vacate the property. LL also has the similar option. My previous agreement also had a similar agreement.
The LA agreed for the 6 month break clause over the phone. I followed it up with an email request too saying "[FONT="]As discussed by phone please include a 6 month break clause in the contract.". The LA replied saying that the LL has agreed to a 6 month break clause. Before I signed the agreement I asked to see the new agreement. The LA emailed me saying "The new agreement will effectively be an extension of the original Tenancy Agreement- attached is a blank copy for you.". Attached to the email was a Blank Extension Agreement. The wording in the agreement was
"The tenant can give the landlord two months written notice to end this agreement on any rent due date after the initial four months. For the avoidance of doubt the earliest date notice can be served is <datedd/mm/yyyy> ending the agreement on <datedd/mm/yyyy>. "
So I called in on the LA, signed the contract, paid the fee and renewed the contract. Last week I during a domestic paperwork session for some reason I read through the extension agreement I signed. The lay out and most of the clauses were similar to Blank Extension Agreement but the six month break clause was different.
Basically, the part 1 of the six month break clause says "The tenant agrees that the landlord has the right to end the tenancy after the first 6months". Part 2 of clause says "The landlord agrees that the landlord has the right to end the tenancy after the first 6months". Essentially landlord can end tenancy after 6 months but I can't.
I spoke to the LA and they agreed to amend the contract and have it ready to sign by next day but when I tried to contact them repeatedly now over the past two weeks no replies for emails or the person dealing with this is out.
Where do I stand with this legally? I read the Blank Contract and made to believe I'm signing for a contract renewal with 6 month break clause but the actually signed copy is different!
My main concern with this is that my work situation is likely to change over the next four months and I may have to move. This is why I have always insisted on 6month break clause. I don't want to have to cough up another 8 months of rent for a mistake that LA made originally. Kicking myself that I didn't take time to read the actual contract in front of me before I signed rather than trusting the Blank Extension! ANy help, advice or workaround would be appreciated.
[/FONT]0 -
1) why on earth did you sign the tenancy extension without reading it. Always read before signing. Reading a draft (as you now find!) does not mean don't read the final document.
2) However, a Break Clause in a contract drawn up by a landlord (or his agent) that gives the LL rights to end the tenancy but not the tenant is not valid. The Break Clause must be equal to both parties.
So either the 6 month Break applies to neither of you, or to both of you.
And it is for you to decide which (since the LL is the one who drafted the clause badly).
If you decide to leave, you can insist on relying on the Break Clause.
If the LL decides to evict you at 6 months (and you wish to stay) you could argue to the court that the clause should be set aside.0
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