Error in AST contract

robinson79

Basically I would like to move out of the house I'm currently staying in. It's a houseshare and I don't like one of the other tenants.

I just checked my contract and the commencement date is correct, June 9th 2011. However the expiry date is stated as 30th June 2011 when it should be 2012. (I'm hoping I didn't notice this when I printed/signed it as I may have corrected it).

Can I use this to my advantage and leave before then as technically my contact is already expired?

Many thanks

G_M

Strange dates! Is a 'period' mentioned? What was the understanding? That it was a years contract?

I think any court would accept that this was an inadvertant error and the intention was a 12 month (ish!) tenancy.

So, no. I don't believe you can use this as an excuse.

Is this an individual agreement or did all housemates sign a single 'joint and several' tenancy agrement?

robinson79

1.9 Initial TERM of the tenancy will be: Dates shown below (reverting to ONE YEAR LESS ONE DAY at expiry)

I think they like people to move out at the end of the month so bills are easier to divide up.

It was a contract for the whole house with space for 5 signatures at the bottom. I just signed and emailed it to the LL. (Whole house didn't sign).

Oh well it was just a thought...I'll have to stick it out I guess!!

Thanks for the reply.

G_M

So.... the tenancy agreement is in all your names, but you are the only one who signed.....?

Any tenancy can be ended early..... by agreement between the parties. Try talking to the landlord. Offer to find a suitable replacement (suitable to him!) and pay rent up till the replacement moves in.

However you'd need the agreement of the housemates too (assuming they are indeed also joint tenants).

robinson79

G_M wrote: »

So.... the tenancy agreement is in all your names, but you are the only one who signed.....?

Pretty much! There was space for 5 names and signatures but none of these were filled in. I just signed and printed my name and then sent it off.

I'll look into moving out early and finding someone to replace me.(Another tenant recently did this.)

Thankyou!

DVardysShadow

G_M wrote: »

I think any court would accept that this was an inadvertant error and the intention was a 12 month (ish!) tenancy.

So, no. I don't believe you can use this as an excuse.

While I don't like wriggling on contracts based on typos, there is a real problem with this one. Unless there is another indication in the text, you would be hard pressed too show that this was intended to be a 12 month tenancy.

robinson79

DVardysShadow wrote: »

While I don't like wriggling on contracts based on typos, there is a real problem with this one. Unless there is another indication in the text, you would be hard pressed too show that this was intended to be a 12 month tenancy.

Thanks :beer:

So there could be some hope! I just checked my sent emails and I only signed and emailed the signature page so i didn't correct the error.

Should I call CAB or is there anywhere else I can get free advice about this?

Cheers!!!

DVardysShadow

robinson79 wrote: »

:beer: Cheers!!!

Too early to celebrate. You could easily become unstitched by other correspondence which shows that 12 months was intended. The tenant you don't like could stitch you up ....

robinson79

DVardysShadow wrote: »

Too early to celebrate. You could easily become unstitched by other correspondence which shows that 12 months was intended. The tenant you don't like could stitch you up ....

Damn! There is an email saying it's a 'pretty standard 12 month contract'.

Just noticed the break clause in the contract:

Mutual Break Clause

Any time after six months of the initial fixed term of this tenancy (or after a similar period following a fixed term extension to the original tenancy) the tenants may invoke this break clause by providing a minimum of one months written notice to the Landlord (such notice to expire on the last day of a rental period of the tenancy).

So..if I gave one months notice I could move out?

G_M

Yes. The break clause at least seems pretty clear!

However it is still unclear if this is a tenancy agreement in your name only - in which case no problem - or a joint tenancy - in which case all joint tenants would need to agree to implement the break clause. Are their names anywhere on the contract?

Did the housemates all move in at the same time? Do you pay rent separately? Have they really never signed anything (in which case they are possibly not tenants at all, but.... illegal occupants... sub-tenants... lodgers.....?

DVardysShadow

robinson79 wrote: »

Just noticed the break clause in the contract:



So..if I gave one months notice I could move out?

Yes. Better to rely on things it says clearly than to wriggle on tpyos.

Bear in mind that if the tenancy is on a Joint and Several basis, when you give notice, you will have given notice for all the other tenants. You should alert them to this so they can make their own arrangements with the landlord.