Please Help Me With This Declaration of Termination of Tenancy

[Blue Crystal]

Due the uninhabitable conditions of my flat ( dampness and extensive mould ), my landlords agreed to let me terminate the tenancy agreement before its term and asked me to write a document about this agreement and they will sign it.

 

I wrote it but I would be grateful to whoever helps me to improve it. Here is the text:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

DECLARATION

Date: ____/______/________

We, Mr. XXXXX and Mr YYYYY, agree that the tenant Mr. WWWW can terminate his tenancy agreement, signed on 1st April 2010, regarding Flat 1, 555 Some Road, London, XX2 3XX, anytime before its term. We also allow Mr. WWWW to withhold the payment of one month rent so he could have enough money to pay for the tenancy agreement of another place and other landlord. This one month on arrears will be paid with the money of his deposit ( £ 1,040.00 ) instead, which is kept by a DPS organization under ID number ZZZZZZZZ.

Aside the one month on arrears, any further months or period of time, relative to his usufruct of the property above, up to the date when he finally moves out, should be paid regularly as usually through the usual bank standing orders. Immediately after a premature termination of his tenancy agreement, the tenant will be free from any debt regarding the remaining time of his tenancy agreement.

The termination of the agreement will be considered legally finalized immediately after Mr. WWWW has moved out his belongings and handed over the keys of the above property.

Additionally, the flat has to be found in a similar state of that one found in the beginning of his tenancy agreement with the exception of the repairs or changes requested by the tenant to us or executed and ordered by our own decision.

Upon that occasion, we will be handing over a document to this tenant declaring that he does not owe us any money regarding to this property and that the above tenancy agreement is terminated.

 

_______________________________

Mr. XXXXX

 

_______________________________

Mr YYYYY

 

I also agree with this document.

 

______________________________

Mr. WWWW

 

_______________________________

Witness

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Edited August 22, 2010 by Blue Crystal

[MrShed]

Who is writing this? Tenant to landlord or landlord to tenant? Confused. Background?

[Snorkerz]

Your surrender letter is far too long, and anything of such a legal nature should be drafted by a solicitor specialising in Landlord & Tenant Law and executed as a deed. I am NOT a solicitor, and so haven't drafted an alternative, but I can see at least 2 major problems with your letter regarding the open departure date and the DPS deposit. As it stands at present, it isn't a deed so there is no need for a witness signature - but if there was, you would need the witnesses full details on the document.

[Blue Crystal]

Hi MrShed.

 

It is landlords ( 2 partners ) to tenant (me).

Edited August 23, 2010 by Blue Crystal

[Aviva]

I agree with Snorkerz that you should get some legal advice on this.

 

This is supposed to be from your landlords to you detailing the agreement between you around the early termination of your tenany but they have asked you, the tenant, to write it?

 

From your previous posts you have had a lot of issues around this tenancy and have wanted to leave for awhile now. You also don't seem to have much faith in your landlords to do what they are legally responsible for, etc. So, I know that you must be feeling relief that they are now letting you leave early and may be happy to write up this document in order to get it all sorted. However, writing this document yourself is not in your best interest as if it is not done properly then it could easily backfire on you. I would hate to hear from you again in a few weeks time saying that your landlords are wanting you to pay the rent until the end of the tenancy and you've just found out that the agreement isn't worth the paper it's written on.

[Blue Crystal]

You are right, Aviva. I already contacted a solicitor today. She made an appointment for the end of next week.

 

Funny enough, the landlord did not like the idea of my solicitor examining the document and overlooking the entire process while he, of course, does not make a single move without his solicitor. Dodgy person...

 

Thank you.

[Planner]

While I am happy to help anyone, this guy* has no less than 23 threads in the residential lettings forum since December 2009, this being the latest. Every single one of them is about a different lettings relate 'problem' (eiher real or imagined).

 

Now we all have issues but come on. Is there any general advice we can give Bluecrystal on his apperent outlook on life?

 

Im not trying to be cynical but no one lurches from problem to problem like this unless some of it is brought on by themselves/out look on life?

 

Blue Crystal - my advice, in general, would be to pick your battles carefully,be flexiable and stop worrying.

 

Fighting every potential problem or imagined slight will send you in to an early grave. For example, sometimes a clause is in an agreement which is obviously unenforceable, just igonore it, theres no need to begin a crusade against a letting agent/LL to have it removed.

 

In being flexiable I mean know your rights, but only enforce them where it is necessary, dont stick to your guns when it comes to insiginficant issues which you think might lightly tread on the little toe of those rights.

 

By stop worrying, I mean just that. You cant start every LL/LA/Tenent relationship thinking that they are going to sc*ew you over at every stage, otherwise you will begin a 12 month agreement worrying if an email exchange could be used in court 14 months from now or reading, incorrectly, between the lines on every conversation or communication with a LL/LA.

 

*Assume Guy

Edited August 26, 2010 by Planner

[Blue Crystal]

I will say exactly the opposite to all tenants.

 

Stick to your guns and defend your rights !!!

 

The number of sleazy, dodgy, abusive, exploitative and crock landlords and letting agents is incredibly high, not only in my personal experience but I got a very experienced solicitor from a citizen advice center confessing it to me, and they take advantage of every tenants' weakness or naivety.

 

And they are especially abusive and exploitative to tenants who have health problems and depend on benefits.

 

And remember, many of the advisers here are LANDLORDS !!!

 

Which side do you think they will line up and defend and which side they will misguide by giving misinformation or cleverly omitting information ?

 

However, I do not want to generalize. I received some good advice here but I also received dodgy ones.

 

 

 

 

Edited August 26, 2010 by Blue Crystal

[Blue Crystal]

Wouldn't be funny a wolf saying to the sheep: "Don't worry, we are all nice animals"

[MrShed]

I will say exactly the opposite to all tenants.

 

Stick to your guns and defend your rights !!!

 

Agreed, when required.

 

 

The number of sleazy, dodgy, abusive, exploitative and crock landlords and letting agents is incredibly high, not only in my personal experience

 

Which I have to agree with Planner here, you are either anal about these things, or very very unlucky. I am actually inclined to believe the latter, as most of your threads do have basis (albeit that you jump onto the forums before simply having a conversation with your landlord, however).

 

but I got a very experienced solicitor from a citizen advice center confessing it to me, and they take advantage of every tenants' weakness or naivety.

 

Not a reliable source. Clearly from his perspective ALL he will see are the worse landlords.

 

And they are especially abusive and exploitative to tenants who have health problems and depend on benefits.

 

That is, in my opinion, a gross generalisation and an extremely negative comment to make.

 

And remember, many of the advisers here are LANDLORDS !!!

 

And? Does that make my/our opinions any less valid?

 

Which side do you think they will line up and defend and which side they will misguide by giving misinformation or cleverly omitting information ?

 

I think that they will be fair and impartial. I have two very good reasons for saying this - do you REALLY think that:

a) BAD landlords would be here on such a site, giving advice to tenants, especially advice basically backing the tenant up? ; and

b) GOOD landlords want BAD landlords to exist? I am a good landlord. And I hate bad landlords, as they give me and others a bad name. Hence I will do whatever I can to ensure they are taken to task.

 

However, I do not want to generalize. I received some good advice here but I also received dodgy ones.

 

 

 

 

 

 

I am not as firmly with Planner on this - I think you have some legitimate issues. However, I know what he is saying - you do seem to be INCREDIBLY unlucky with your rentals, and one has to wonder whether the entire cause of any bad relationships with LLs and LAs is entirely their doing.

 

For the record, I think Planners advice was friendly - simply do not turn your rentals into a crusade of ensuring every single thing, even unimportant things, are spot on - as you are cutting off your nose to spite your face.

 

It is unfortunate that you have felt the need to voice Daily Mail-esque scaremongering (with no basis), generalise against landlords, and more importantly, question the motives of posters on here due to their background.

 

I think it goes without saying that the vast majority of those reading your post above will disagree with you.

[Planner]

And remember, many of the advisers here are LANDLORDS !!!

 

 

 

The irony of it is that your perceived 'supporter' MrShed is in fact a landlord, while your perceived ‘enemy’ moi, is in fact a tenant!

 

Unfortunately you seem to have a deep chip on your shoulder about LL/LA/Tenant relationships. The example above is a perfect indication of how you immediatley misread situations and jump to the incorrect conclusion about what is actually said and the spin you put on it. Until that chip is filled in, your problems renting are likely never to end.

 

Unlike 'real life', theres no need to take everything that is said as a personal insult when on a web forum. At the end of the day a pretend someone called 'Bluecrystal' should never be offended by a pretend someone called 'Planner'.

Edited August 27, 2010 by Planner

[Snorkerz]

Blue Crystal has previously posted extremely critical generalisations about landlords - I myself have suggested that it may be unwise to bite the hand that feeds, but obviously that advice was ignored.

 

I hope Blue Crystal takes Planner & MrSheds advice in the right way, so that he/she (I'm assuming 'she') does not burn all ther bridges on this extremely useful & friendly site.