Bit of a complex one involving a HMO, COVID and error on licence to occupy.

studenttenant654

I'll try and keep this brief. Asking for my daughter! 

3 tenants in a HMO, all with own individual licence to occupy contracts. Licence to occupy was originally supposed to be 01.09.20 to 30.06.21. 10 months. Mistake has been made and both parties have signed without realising mistake - the 'Licence period" actually says 01.09.20 to 31.08.21, so 12 months rather than 10. This is the case for all 3 contracts. Wording on contract also says "Total licence fee of: £4500 to be paid in 10 instalments", and lists the payment date for each instalment. All 10 instalments have been paid, no rent arrears.

The current problem: all three tenants are now isolating due to two having tested positive with coronavirus and the third being a close contact (obviously). They have informed their lettings agent who have said rent will need to be paid if they stay past 30.06.21 (which they will need to due to self-isolating). Upon looking at the contract, they have now realised the mistake that was made and that the end of the licence period is actually 31.08.21. Due to self-isolating and not working, none of them can afford additional rent as they are already having to pay rent towards their new lodgings which they cannot yet move to! Technically, they have already paid all rent stated on the contract (the total licence fee). It is the lettings agent mistake, so surely any loss incurred by the landlord needs to be rectified by the lettings agent, not the tenant. 

Can the landlord/lettings agent enforce rent still considering it is their mistake and they did sign the document? 

Surely, technically, they could take advantage and stay until the end of august without paying any more rent, but they don't wish to do this - they just want to stay put while they isolate and recover from COVID. Until the 9th or 10th latest.

Please let me know if further info is needed but I am very grateful for any response. 

HampshireH

If their contract states 10 payments over equalling £4500 then they are not obliged to pay further rent.

Of course if there is a clause allowing the landlord to give them notice then they could do this.

But they have met their financial obligations to the tenancy if they are laid up to date

studenttenant654

HampshireH said:

If their contract states 10 payments over equalling £4500 then they are not obliged to pay further rent.

Of course if there is a clause allowing the landlord to give them notice then they could do this.

But they have met their financial obligations to the tenancy if they are laid up to date

Many thanks for your reply. They are quite happy to leave even though their agreement means they could stay until August, but they just want to be allowed to finish isolating. But, being unwell has meant none of them have been working and therefore really worried about being charged rent!