Trying to give notice

sicon

Hi there,

This is going to sound slightly complicated but hopefully, I can be succint.

Before we moved into our current property we met our landlord to talk through the flat and contract etc. We were told it was a pretty standard contract, 12 months with a 6 month break clause.

Following our discussions, our landlord sent through the contract for us to check ( and let him know if we had a problem with anything) which we did in fine detail. I emailed him back to query a couple of charges we were liable for (inventory and professional cleaning) and were told it would total about £200. I agreed to this and told him the rest of the contract was fine.

On the day of moving, my girlfriend and i signed the contract but on reaching the letting agents to get the keys, the agent had the copy that the landlord had signed so we signed that as well.

It turns out that the contract we signed was missing the last few pages of the original contract, lots of important things from the landlords point of view like, tenants are responsible for council tax, will pay for cleaning and inventory, definition of terms for the contract etc etc but also the clause about a 6 month break clause. But apart from that it is identical. So its obviously a mistake.

I am now moving out after 6 months and am trying to give notice to the landlord but havent been able to get hold of him for nearly a week. I have emailed and left messages and also sent a recorded delivery written 30 day notice and have also informed the letting agent who let the property(though doesnt manage it).

I assume they are just on holiday and perhaps have not got any messages and everything will be fine.

However, does anyone know if legally, I've done everything right. I realise I should have made sure that the contract we signed was identical to the email copy he sent originally but it is apart from the missing pages. And since nothing in the signed contract supercedes anything in his original proposition, surely all those points still apply, including me being liable for council tax, cleaning and inventory costs.


Incidentally, I have had no problems with the landlord over the last six months and everything has been more than amicable.

Thanks for your advice.

zet_2

I find your post a little hard to understand.

The copy that you signed and gave to them doesn't matter.

The copy that they signed and gave to you is the only one that matters (to you at least).

If that is full and correct then you are good to go, in case of dispute your solicitor can use that.

If in doubt talk to a solicitor.

sicon

Thanks.

I mean no disrespect but if i had a hard copy of the full agreement with the landlords signature then I wouldnt need to be concerned with anything.

Also, I know that i could talk to a solicitor but this is my first port of a call for some general advice.

My question is ,

are agreements made on email prior to the signing of the contract and not superceded by the contract still legally binding ?

zet_2

sicon wrote: »

are agreements made on email prior to the signing of the contract and not superceded by the contract still legally binding ?

Yes a deal is a deal. However, that is assuming it is "not superceded by the contract", and that would be where you start throwing solicitors at each other. I would write a strongly worded letter and send it by recorded delivery to the agent asking for a copy of the contract.

G_M

Before panicking about contract versions, focus on the issue at hand - giving notice.

Do you have a copy at all? What does it say about the 6 month break? This is relevant as to WHEN to give notice.

It may be that you can leave after 6 months provided you give a month's notice (ie by the end of month 5). Or 6 weeks. You may need to give notice at the 6 month point, to leave a month later. Or something else. So this is what you need to know.

As to HOW to give notice, the fact that the LL is away is irrelevant. The contract should give an address for the serving of Notices on the LL (could be his home, or the agent, or any other UK address). THIS is where you must serve notice IN WRITING. Email/phone calls are fine for politeness and maintaining a friendly relationship, but MUST be followed up in writing.

If the LL is away and doesn't get it, that is his problem, not yours. Ideally send it recorded delivery as you seem to have done - hopefully within the required timeframe referred to above..

If (as your post implies) you have NO copy of the contract, and therefore no address, then use whatever address you have (eg the agent's).

But note also, if the LL has not given you a UK address for the serving of notices, then you do not have to pay rent!

Happy Christmas!