"Forced" to surrender tenancy earlier

jpmnteiro

G_M wrote: »

Possible? Of course. Agents make mistakes.

If the current tenant (you) has a tenancy end date (either end of fixed term or mutually agreed early surrender date), then the LL/agent cannot make that tenant leave before then. And needs a court order anyway to evict forcibly at any time.

If a new tenant is given a contract for a tenancy start date earlier than current tenant's end date, then the LL/agent will be unable to honour that contract. The new tenant can then sue the LL/agent for their costs (eg they had to move into a hotel as property was not vacant on the agreed date).

Not the current tenant's fault. Or problem.

And what would qualify as a "mutually agreed early surrender date"?

theartfullodger

Whatever date & time you and landlord/agent agree: Could be (say) today at 14:37 or 01/05/2016 - whatever you BOTH agree.

And on such terms as you both agree (eg you give him £xxxx or he gives you £yyyy or landlord gives you good reference the landlord agrees to give you a bottle of champagne at Christmas..). Anything you BOTH - AGREE to.

jpmnteiro

theartfullodger wrote: »

Whatever date & time you and landlord/agent agree: Could be (say) today at 14:37 or 01/05/2016 - whatever you BOTH agree.

And on such terms as you both agree (eg you give him £xxxx or he gives you £yyyy or landlord gives you good reference the landlord agrees to give you a bottle of champagne at Christmas..). Anything you BOTH - AGREE to.

Got it, but how would that be made binding? Would it have to be written down or a verbal agreement would be considered enough?

benjus

jpmnteiro wrote: »

Got it, but how would that be made binding? Would it have to be written down or a verbal agreement would be considered enough?

Definitely get it in writing, signed by the landlord.

theartfullodger

jpmnteiro wrote: »

Got it, but how would that be made binding? Would it have to be written down or a verbal agreement would be considered enough?

From a landlord's point of view the advice is to have it signed after tenant has left & returned keys, and as a "Deed of surrender".

From tenant's perspective I would want it signed before I left.

An example has been provided, the author requesting a donation to charity. Note his remarks about implied surrender.
http://www.landlordzone.co.uk/forums/showthread.php?28080-Surrender-of-lease-deed-or-letter&p=209236#post209236

Guest101

jpmnteiro wrote: »

Got it, but how would that be made binding? Would it have to be written down or a verbal agreement would be considered enough?

Verbal agreements are legally enforceable - but it's impossible to prove.


Everything in writing is the best policy.

jpmnteiro

benjus wrote: »

Definitely get it in writing, signed by the landlord.

Good to know, because the point I was trying to make was, we said to the EA that maybe we could leave earlier, but nothing was ever signed. My concern was that they would find that maybe in some way legally binding and could "force" us (hence this entire thread).

Guest101

jpmnteiro wrote: »

Good to know, because the point I was trying to make was, we said to the EA that maybe we could leave earlier, but nothing was ever signed. My concern was that they would find that maybe in some way legally binding and could "force" us (hence this entire thread).

When you say 'force' what do you mean?


Can they legally try to take you to court? ofcourse, but so could I. Anyone can sue anyone else.


Can they physically remove you? No, that's a crime, if anyone tried you call the police immediately.

jpmnteiro

Guest101 wrote: »

When you say 'force' what do you mean?


Can they legally try to take you to court? ofcourse, but so could I. Anyone can sue anyone else.


Can they physically remove you? No, that's a crime, if anyone tried you call the police immediately.

By "force" I meant say that we have such and such legal agreement between us that says you have to leave at such earlier date.

But there's no point in blowing this out of proportion, hopefully won't come to that and everything will be sorted out soon.

Guest101

jpmnteiro wrote: »

By "force" I meant say that we have such and such legal agreement between us that says you have to leave at such earlier date.

But there's no point in blowing this out of proportion, hopefully won't come to that and everything will be sorted out soon.

Just to ease your stresses. For arguments sake you do have such an agreement (which I don't think you do, by the way)


The only way to enforce it would be to go to court, which takes 6 weeks or so, just to get a date. But before than they have to serve pre-action papers (a letter before action) which typically is 10 working days.


So that's 8 weeks. You'll be gone with-in two. It wont ever get to court.