Tenancy agreement help

xxmazza07xx

Hi,
My partner has recently moved in with me but is having issues with the landlord. 

When he signed the agreement last year the paperwork said end date 29/07/2020, he needed to take the paperwork to the landlord to sign and said he would bring back the agreement but despite reminders sent it was only given to him yesterday. 

The agreement is dated 29th July 2019 but my partner signed it 28th July 2019. The end date on the agreement is now 29/07/2021, the guy did specifically say at the time it was just a year contract which I was witness too.

The agreement does look like it had been stapled in a different place to what it is now.
The landlord is stating he is officially tied until July next year but said they would take it back this year but due to coronavirus they legally can’t.

This is an assured shorthold tenancy agreement, is there anything we can do as he has mentioned court on the phone a number of times now.

Thank you in advance

Comms69

What does the tenancy say? 

Start date, and length. 

Who cares if he's mentioned court? People who go to court only mention it once, in a letter before action. Someone who threatens is numerous times has no intention of going there; and in anycase courts overlook admin mistakes and look at the contract as it was inteded.

xxmazza07xx

Thank you, it says start date 29/07/2019 and end date 29/07/2021. Does that page require a signature?

Comms69

I was quite specific, what is the length of the tenancy, generally it says something along the lines of: commencing on X date for a period of X months. 

No signature is required, ever. So it would not be required here either. But as i said it's the intention that is important. If the intention was to create a 24 month tenancy than fair enough. But if there is evidence e.g. a text message or email, which makes it clear that the intention was only for one year, that would obviously be evidenc ein your favour.

xxmazza07xx

it it doesn’t have a length, it just states you will have the property for 29/07/2019 starting on 29/07/2019 to 29/07/2021

Comms69

Ok and anything else as evidence of it being 12 months?

xxmazza07xx

Unfortunately no other proof, just that he verbally said it was 12 months in front of a witness

Comms69

xxmazza07xx said:

Unfortunately no other proof, just that he verbally said it was 12 months in front of a witness

Well that is evidence!

Is the witness willing to appear in court? That would certainly be quite significant.

You are a way off that anyway, so one step at a time; but it's worth knowing what arrows are in your quiver before you make a decision.

xxmazza07xx

Great thank you, yes they would be willing to. Should we give notice for the original date this year and take it from there? Also is it correct they can’t take a property back due to coronavirus?

really appreciate your help

Comms69

No coronavirus has zero impact on this.

Technically no notice is required, but as there is debate about the end date. I would serve notice to end on the date which you believe correct. Vacate. Take photos etc. And then see if anything comes from it.

greatcrested

First - that's not 1 year, nor is it 2 years. It's 2 years + 1 day!

Next, notice is never needed to end a fixed term. When the end date comes, provided the tenant leaves, the tenancy ends- irrespective of any notice. That's why there is a specified 'end date'!.

Finally, the existance of a written tenancy agreement  with an end date of 29/7/21 is significant evidence that the end date is...20/7/21. However, as Comms69 says, were this to go to court the judge wouldlook at all the evidence (icluding the witness) and might well conclude that the original intention was for a 1 year (or 1 year+1 day!) tenancy.

For more, read:

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

The best solution is to reach an amicable agreement over a mutually acceptable end date - if that is possible....