Date mistake in rental agreement.

neshy

Hello,
I have been living at a flat since 01/08/10, with the first contract ending on 01/02/10. In January I signed another contract, but I missed the mistake in date - it reads: "The tenancy is for a period of 6 months commencint DATE: 01/02/2011 amd expiring on the DATE: 01/07/2011."

It is an assured tenancy.

Knowing that my lease would end I looked for alternative accomodation and now I have to move out. So, basically, I relied on this mistake and I'd like my deposit back. I know the agency is reliable, but they are not really willing to give the deposit back. What is my position in law?

Did I have to give notice of termination if I thought the contract was ending? The contract reads: "to give at least one month notice regarding either extension or termination of the lease".

Gwhiz

Would it not have been sensible to calll them when you noticed the error to make sure?

You do not need to give notice on a fixed term AST.

neshy

Gwhiz wrote: »

Would it not have been sensible to calll them when you noticed the error to make sure?

You do not need to give notice on a fixed term AST.

Sorry for not mentioning that it's in Scotland. It's 'Short Assured Tenancy'.

I realised that it is an error after I made other arrangements - I know, stupid of me.

ruggedtoast

Yes you do.

neshy

ruggedtoast wrote: »

Yes you do.

Yeah.

I suppose my question should be whether the tenancy expires on 01/07/2011 or not.

jamie11

neshy wrote: »

Sorry for not mentioning that it's in Scotland. It's 'Short Assured Tenancy'.

I realised that it is an error after I made other arrangements - I know, stupid of me.

I answered you on LLZ, but since you're in Scotland ignore that answer.

theartfullodger

neshy wrote: »

Sorry for not mentioning that it's in Scotland. It's 'Short Assured Tenancy'.

I realised that it is an error after I made other arrangements - I know, stupid of me.

Don't think so - surely to be a SAT it must be AT LEAST 6 months : (Landlords are advised to make SATs a minimum of 6 months. 1 day - I make mine 7 months).

Think you have an AT & need to give notice.

Cheers!!

G_M

Can't comment on Scotland, but my guess is that where the end date (01/07/2011) conflicts with the Term (6 months) a court would assume the error was on the date, especially where 6 month term is involved given that that is the norm.

Incidentally, read your original post again carefully for evidence of how easy it is to get a DATE wrong!

Ninjawombat

You're being a bit cheeky really. You must have known that your lease would be six months, so you should be prepared to stay there for that time. It's your responsibility to check the agreement before signing.

And you know you have to give a months notice. You can't wrangle out of it!

Ninjawombat

How is it largely garbage? It states on the OP's lease that he has to give one months notice.

Not checking the dates on the lease before signing is just as stupid as the letting agent for getting the date wrong.