Dispute over tenancy termination

HeadouttheSand_2

Some background first before I get to the actual question.

We have been renting our current property for 5 years. On initial rental the contract was processed by an estate agency. In subsequent years the landlord has just copied part of that initial agreement and amend what was needed in terms of the increased monthly payment.

When we signed last year he informed us that this would be our last year, but he may extend for a further six months. Our tenancy would end in the middle of April this year. The agreement that we signed then only had a few pages and was not the comprehensive agreement that we initially signed.

We where under the impression that either party could give one months notice to end the tenancy. We have called spoken to him today to say that we are putting in writing our request to terminate the tenancy in 5 weeks (towards end of feb) and will pay the pro-rata rent along with the main amount at the end of this month.

The landlord has subsequently referred to a clause X in the initial contract that says we are liable for the rent until the end of the term, or until he rents it again, which ever is sooner.

Having read through the contracts we were wrong in our assumption about the one month notice, however we noticed some things from that agreement that have not been adhered too. So my questions are:

1) Does a LL have to give copies of whole agreement, with all the clauses when a tenancy agreement is re-signed? If he does, is the agreement now invalid

2) The initial contract mentions things that have never been fulfilled, such as an inventory should have been completed and submitted. It never has been. To be fair he also should have been charging us a fee for renewing the tenancy that he hasn't done. Would this also invalidate the agreement?

Basically do you think we are in position to just pay the rent for the period we live in the property and dispute our liability to the remaining period or would a court uphold what the LL claims.

Guest101

Nope, your stuck until April.

Now answer this, was your deposit protected?

HeadouttheSand_2

Yes it is with the deposit guarantee scheme

G_M

OK, ignore the original agreement.

The only document that matters is the last one you signed:
* What date did it start?
* Did it specify a period (ie 12 months)?
* Did it specify an end date?
* Was there a 'break clause' in it? ie allowing both sides to end the tenancy early (typically after the halfway point, and providing x months notice is given)?

Any clauses that were not in the latest document you signed are not included in that contract UNLESS it is specifically an 'extension' of the original tenancy agreement via a Deed of Variation (as opposed to a new contract).

Failure by the LL to comply with one clause of the agreement (ie the inventory) would not invaldate the contract, or affect any other clause.

HeadouttheSand_2

GM

The pages that where present when we last signed the tenancy agreement only goes up to clause 6.5. The clause the LL refers to is clause 27.2 which was not provided when the paperwork shown was last signed.

The paperwork provided does states the tenancy start and end date, but makes no reference to a break clause.

HeadouttheSand_2

GM

also forgot to add that the latest agreement signed doesnt state it is a deed of variation.

G_M

The only document that matters is the last one you signed:
* What date did it start?
* Did it specify a period (ie 12 months)?
* Did it specify an end date?
[STRIKE]* Was there a 'break clause' in it? ie allowing both sides to end the tenancy early (typically after the halfway point, and providing x months notice is given)?[/STRIKE]

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HeadouttheSand_2

It started 16/04/13
For a period of 12 months
with end date 15/04/14

But did not state it was a deed of varitation

G_M

HeadouttheSand wrote: »

It started 16/04/13
For a period of 12 months
with end date 15/04/14

But did not state it was a deed of varitation

and there is no break clause.

Therefore you cannot leave before 15/4/14 without the LL's consent to an Early Surrender, to which he can attach whatever conditions or charges he wishes.

You do not need to give any notice at all to end the tenancy on 15/4/14, though it is polite, helpful, and sensible to do so.

HeadouttheSand_2

G_M wrote: »

and there is no break clause.

Therefore you cannot leave before 15/4/14 without the LL's consent to an Early Surrender, to which he can attach whatever conditions or charges he wishes.

You do not need to give any notice at all to end the tenancy on 15/4/14, though it is polite, helpful, and sensible to do so.

Even though the agreement we signed did not have all the the clauses the initial agreement had and makes no reference to them?

G_M

HeadouttheSand wrote: »

Even though the agreement we signed did not have all the the clauses the initial agreement had and makes no reference to them?

Sigh!

OK, ignore the original agreement.

The only document that matters is the last one you signed:

You are clutching at straws.