Mistake in AST contract

orangebutton

I am in a 12 month agreement AST - every thing is fine at the flat, but Ive noticed that a mistake has been made on the end date of the agreement - it reads as follows:

The Landlord lets to the Tenant the Premises for a period of 12 Months. Either side can give notice at 10th anniversary to terminate this Agreement at month 12. The Tenancy shall start on and include the 4th September 2008 and shall end on and include the 3rd September 2007.



The mistake is the end date says 2007 for some bizarre reason, should read 2009.

My question is - does this mistake mean that the contract is therefore invalid completely, or is it still ok as its states 12 month contract from 4th Sept 08?

Can anyone out there clarify this for me?
Thanks 4 ur help :rotfl:

50plusabit

Hi Orange
This does make the agreement void, dates are so very important in a ast, and is the things that is so easy to get incorrect.
If I was you, I would keep quiet, if for any reason you wanted to move before the end of the agreement, you would be free to as the agreement is void. It is the mistake of the agent/LL and the problems it would bring, will be on their side. They would never be able to go to court with this agreement.
I know you must be worried it it makes a difference to you, and the answer really is no. If I were you, I would keep quiet, and if ever i needed to "get out" quickly, you will have a big stick to beat them with lol:rotfl:

orangebutton

Ok I had a previous contract before for 12 months with the same property and we agreed to renew the contract for a further 12 mths, if this is now void as you say, am I therefore technically in a SPT meaning I can give 1 months notice on any monthly anniversary for the agreement (I think the LL has to give 2 months notice)?

securityman

50plusabit wrote: »

Hi Orange
This does make the agreement void, dates are so very important in a ast, and is the things that is so easy to get incorrect.
If I was you, I would keep quiet, if for any reason you wanted to move before the end of the agreement, you would be free to as the agreement is void. It is the mistake of the agent/LL and the problems it would bring, will be on their side. They would never be able to go to court with this agreement.
I know you must be worried it it makes a difference to you, and the answer really is no. If I were you, I would keep quiet, and if ever i needed to "get out" quickly, you will have a big stick to beat them with lol:rotfl:

Dose it work both ways then, the LL could move you out at any time aswell as the AST is void?

Planner

50plusabit wrote: »

Hi Orange
This does make the agreement void, dates are so very important in a ast, and is the things that is so easy to get incorrect.
If I was you, I would keep quiet, if for any reason you wanted to move before the end of the agreement, you would be free to as the agreement is void. It is the mistake of the agent/LL and the problems it would bring, will be on their side. They would never be able to go to court with this agreement.
I know you must be worried it it makes a difference to you, and the answer really is no. If I were you, I would keep quiet, and if ever i needed to "get out" quickly, you will have a big stick to beat them with lol:rotfl:

Rubbish.

The contract is valid for 12 months. Its blatantly obvious to all parties concerned that the date should read 2009, the fact it doesnt makes no difference to the fact that you have a 12 month fixed term starting on the 4th September 2008 for 12 months.

You cannot leave before the end of the fixed term (without your LLs agreement) without being liable for the remaining rent.

There is no notice period that you have to give if you want to move out at the end of the 12 months, regardless of what the contract says. If after the 3rd September 2009 the contract becomes periodic, you will have to give one months notice and the Landlord two months.

speedtwin

I totally agree with planner is is a typo and most judges would view it as such. Even if it was void (which it isnt) you would still have a verbal tenancy in place.

tbs624

50plusabit wrote: »

Hi Orange
This does make the agreement void, dates are so very important in a ast, and is the things that is so easy to get incorrect.
If I was you, I would keep quiet, if for any reason you wanted to move before the end of the agreement, you would be free to as the agreement is void. It is the mistake of the agent/LL and the problems it would bring, will be on their side. They would never be able to go to court with this agreement.
I know you must be worried it it makes a difference to you, and the answer really is no. If I were you, I would keep quiet, and if ever i needed to "get out" quickly, you will have a big stick to beat them with lol:rotfl:

(My emboldening )50plusabit - it would perhaps be best to state that this is your *opinion*? The T may not find it a :rotfl:matter if they followed your suggestion and subsequently found themselves with a big bill for the LL costs in finding a new T &/or the rent shortfall for the FT.

Yes, the LL/LA should have proof read the agreement (and the OP should also have read it before s/he signed it) but the agreement does state that the tenancy is intended to be for a 12 month period.(there may also be supplementary correspondence between LL/LA & T that further support the intention) Could your average tenant still reasonably deduce that this agreement *meant* 12 months or would you argue in court that they were confused by the date error because time does sometimes run backwards?

Orange - my suggestion would be that you talk to your LL/LA and get it sorted out, in writing, asap. You are able to simply leave at the end of a FT but it is courteous to give the LL some notice: this also gives you the opportunity to arrange for the LL/LA to call at a mutually convenient date/time prior to you moving out, to go through anything that may delay the return of your tenancy deposit.

Always seek your own clarification via a CAB, law centre or Shelter 0808 800 444 of suggestions made on here( including my own ), especially on issues relating to contract terms.

50plusabit

Yes I believe you would revert to a Periodic from the previous fixed term.
I'm sorry that some of you feel my original comments were "Rubbish". Yes it was a typo on the tenancy, but maybe you would like to tell that the the judge who threw out a very similar case, because of a typo by the agent, and the landlord spent 5mths an £3k to remove the tenants. He was lucky as he sued the agent for the costs. Then came to us.
When you go into the "court" dealing with housing, very little is certain, as there are only a few "mandatory" grounds, the rest are discretionary, therefore the judge can decide anything, and ofter does shocking the clients.

GDB2222

50plusabit wrote: »

Yes I believe you would revert to a Periodic from the previous fixed term.
I'm sorry that some of you feel my original comments were "Rubbish". Yes it was a typo on the tenancy, but maybe you would like to tell that the the judge who threw out a very similar case, because of a typo by the agent, and the landlord spent 5mths an £3k to remove the tenants. He was lucky as he sued the agent for the costs. Then came to us.
When you go into the "court" dealing with housing, very little is certain, as there are only a few "mandatory" grounds, the rest are discretionary, therefore the judge can decide anything, and ofter does shocking the clients.

Look, you are just digging yourself in deeper!

clutton_2

whether the date is valid or not - you are paying rent and therefore have a tenancy - whether a judge would accept the typo is a risk -the only way to find out is to wait till you are in court and ask the judge

50plusabit

Planner wrote: »

Rubbish.

The contract is valid for 12 months. Its blatantly obvious to all parties concerned that the date should read 2009,
Just because its blatantly obvious, does not mean it will stand in a court.

tbs624 it would perhaps be best to state that this is your *opinion*?
It was more than an opinion tbs224, if you read my second post you will find the LL went to court (I was present) and the case was thrown out for "a typo error". So I was in fact stating fact not opinion.

But after saying that I will apologies to the OP for giving my opinion, and pass you on the Clutton/tbs624/planner/GDB2222, who are the experts.
Thank you for sharing your knowledge.