Landlord accepted my offer and then took next highest!

bob723

Thank you G_M. The clause is as follows:

Any time after SIX months of the initial fixed term of this tenancy (or after a similar period following a fixed term extension of the original tenancy) either party may invoke this break clause by providing a minimum of two months written notice to the other (such notice to expire on the last day of a rental period of the tenancy). At the end of such notice the tenancy shall end and all obligations and responsibilities shall cease; subject nevertheless to any claim by either party against the other in respect of any breach of any of the therms and conditions of the agreement.

From what you are saying, he needs to give us notice now that we need to move and cannot make us pay more rent.

G_M

Yes he needs to give you notice.
As advised by DVardy above if you delay saying/doing anything (apart from continuing to pay the original rent) you buy yourself more time.

the clause does allow HIM to give YOU two months notice.

(though

such notice to expire on the last day of a rental period of the tenancy

is weird as in a fixed term agreement like this the rental period is.... the end of the fixed term!. However I think the intention of the clause is clear., if poorly worded.

bob723

Thank you so much everyone.

It does sound like I should just leave although your advice has given me some leeway.

bob723

One more question if you you've got time....if a landlord accepts an offer of rent in writing can they then accept another offer?

Or can they change their minds until the tenancy contract is signed?

Thanks again :-)

DVardysShadow

bob723 wrote: »

One more question if you you've got time....if a landlord accepts an offer of rent in writing can they then accept another offer?

Or can they change their minds until the tenancy contract is signed?

Thanks again :-)

Oh this is such a fine point. While the offer and acceptance are enough to invalidate the earlier notice [IMO], it is a different question as to whether a contract has been formed.

Does the acceptance of an offer constitute a contract? I suppose if the offer and the acceptance are complete as to terms, you could argue that a contract has been formed.

• If for example, you stated 'we offer <£££> rent for the tenancy to continue on previous terms until <date>', there is no ambiguity.
• But if you said 'we are prepared to offer <£££> rent and sign a new tenancy', obviously the exact terms of the agreement remain to be negotiated.

But honestly, this is not the kind of point you want to go to court arguing. There are too many variations between the above options to form a clear cut view - and somebody might come along and spike the whole thought anyway by saying that statute law requires a written tenancy agreement ...

If you want to try it on then it goes on until you can use the argument to get a new tenancy agreement signed or as long as you can keep it going until a section 21 notice arrives. But if the S21 arrives, then I doubt it is worth the effort of fighting on.

And bear in mind that you might not want to be bound into a tenancy for an extended period with a Landlord who thinks he might do better.

amiehall

I think I'd be very curious as to who wanted to rent the property without seeing round it?! Did you ask the LL about this?

bob723

amiehall wrote: »

I think I'd be very curious as to who wanted to rent the property without seeing round it?! Did you ask the LL about this?

I think he has carried out viewings when we weren't there and not told us!

Keeping_Positive

Then I would look to changes the lock barrels ASAP so he cant do this. Just keep the originals to put back when you move. He has no right to enter your property without 24 hours written notice and your agreement.