Tenancy agreement - is it void?

buffness

Hello
Can someone please give me some advice

I moved into a property in October last year on a 12 month tenancy agreement
We are going through MAJOR problems with the estate agents through the dispute service and about to be adjudicated in regards to the deposit.

We had alot of problems in the first few months of the tenancy, and the landlord agreed to a six month break clause so we could vacate early (which we did)

However, this was only confirmed to us via email. We never received an amended tenancy agreement therefore nothing was signed.... Does this mean the tenancy agreement is void and/or does not establish the contractual agreement between landlord and tenant?

Thank you :-)

marliepanda

Well you have the email confirmation which is helpful. Maybe not as helpful as written confirmation, but helpful nontheless.

When did you vacate? Was there any sort of checkout procedure? return of deposit?

BitterAndTwisted

It sounds like their deposit has been withhold and they are going through the arbitration process. I would say, as a complete layperson, that the written email confirmation was valid but that would be utterly dependent on the actual wording. Is there any chance that it is unclear or ambiguous, hence the dispute now?

buffness

Thanks for the responses

They are not disputing the fact that a new tenancy agreement wasnt drawn up - however, if I have a chance of using this in the dispute to help my case, then I will do so.

Any ideas?

jjlandlord

marliepanda wrote: »

Well you have the email confirmation which is helpful. Maybe not as helpful as written confirmation, but helpful nontheless.

An email is written confirmation.
An email signed by writing your name at the end of it is legally signed.

As B&T says, key is really the content.

That said, not sure how this can relate to a deposit dispute, unless proposed deductions are for unpaid rent because they deny a break clause existed.

buffness

Ok perfect. Thank you guys

lzcook

What wasn't signed: the original Tenancy Agreement or the variation to the Tenancy Agreement?

Did the Landlord agree to a break clause, or did he agree to end the Tenancy early? If the former, did you actually serve notice on the landlord that you were going to exercise the break? There's a difference between having a right to break and actually exercising that right.

DVardysShadow

buffness wrote: »

... We had alot of problems in the first few months of the tenancy, and the landlord agreed to a six month break clause so we could vacate early (which we did)

It sounds like the tenancy was terminated early by mutual agreement. The tenancy agreement is unchanged and no real need to consider whether the tenancy agreement is void.