Can I cancel tenancy agreement before start date? Agreement is revised but not signed

[sy8111]

Hi,

 

I signed tenancy agreement which starts in future (April 2012), landlord sends me a revised agreement for me to sign. But before I sign the revised agreement, I changed mind and want to cancel the tenancy agreement. I have paid 1 week holding deposit, agency fee, 1 month rental for first month from start date (including the 1 week holding deposit), and dilapidation deposit. What is my option now and what will I get back? If I don't sign the revised contract, do I fall back to original contract, and is original contract still valid and binding?

 

Thank you for any advice.

[sy8111]

By the way, there is one clause saying:

 

"In the event of the Tenant vacating the Property prior to the expiration of the Term, the Tenant shall be responsible to compensate the Landlord any sums paid to the agent as a form of commission for the remainder of the Term. The Tenant agrees that the Landlord may deduct the said amount from the Deposit without further notice."

 

I asked another estate agency. They say under no circumstances should there be such clause in agreement, either landlord takes the loss or agency find a new tenant.

 

What is your opinion on this clause?

[Steve__M]

I do not believe you are compelled to sign new agreement, but if you don't sign I would say it is likely the existing agreement still stands.

 

In the event of a breach of tenancy (eg. moving out early) then LL is under normal contract law entitled to sue for his losses. The losses would include rent (till the property is relet), but may include a portion of other fees such as re-letting fees. Whether or not the above term is valid I think the right of the landlord to get any such fees off you by way of compensation *could* be valid.

 

Say LL has paid agent £600 as commission for finding you and getting you to sign up to 12 months. Then if you leave after 6 months with no valid reason then LL may be entitled to sue for half of the £600 commission (in addition to lost rent) because he only got half of the promised 12 months for his £600.

 

Iamnotalawyer.

[assisted blonde]

Agree that the original contract still stands, why have you changed your mind is it just that the revised contract is different. landlords can charge you the rent until the premise is relet.

[sy8111]

The latest update:

 

I signed and posted contract back to agents in early March but have received nothing back. So far I don't have contract with both parties' signatures, and don't have deposit receipt. Am I bound in this case?

 

I have taken entire afternoon in agent's branch office arguing with them about contract issue today. Before I went there, I sent 2 emails asking for original contract with both parties' signatures. The question in first email is ignored but they answered my other questions in the same email. The second email is totally ignored. It gives me first impression that they don't have a landlord-signed contract.

 

When I arrived there, agent told me briefly that no problem, all their contract documents are in head office and he will call head office to get the contract and scan to me later. I agreed and was about to leave but then changed mind and insisted waiting in branch until head office fax copy over to the branch and so I can get it right away. The agent became nervous and unnatural. He let me wait and went inside. A while he came out and told me his manager said the contract is in head office but it is Friday afternoon they can’t get it to me, let me come back on Monday. I asked why they can’t do it now, he said no reason is given from his manager, but just come back on Monday. Then his manager directly called me and changed words a little bit. He said he can’t locate the contract, it can be anywhere, can be in branch, in head office, in landlord’s home, or in post. Until then I am forced to believe they are cheating on me. I firmly believe the contract is not signed but they want to make it happen next Monday.

 

Now I am fed up with this agent and want to end the business straight away on my side. I am now writing email to agent telling them this. What should I do next?

 

Thanks a lot

[mariner51]

Is this for a brand new T or a variation of existing?

IMO if for new T then previous written contract signed by both sides, takes precedence. If no written contract is signed by both sides then there is a verbal agreement in place and AST is activated by handing over keys & T moving in.

Until then there is an implicit contract to supply/occupy on appointed day IMO.

OP does not know if LL has signed or not. It should be a legal requirement that any written contract cannot be valid unless signed contracts are exchanged by both parties at time.

OP please provide timeline for each contract relating to this property and answer ab's question in #4.

 

My ESP is a bit weak at weekends!

[sy8111]

Timeline below:

 

We signed and posted back contract #1 to agency 3 weeks ago. The contract is made on 9 Mar and start date is 21 Apr.

We paid 1 month deposit in advance and secure deposit 3 weeks ago.

1 week ago, we received a new contract, with one new minor clause. We haven't signed it. I don't know if this is categarised as new contract or alternation.

So far, we don't have any copy of contract, and don't have receipt of my payment. Agency ignored all my question requesting contract in email, and when face to face, they refuse to give me contract by all sorts of excuses.

Today, I write to agency by email formally request end agreement and decide not to move in.

[assisted blonde]

If its only 1 new minor clause what is the problem? do you want the property or not? why have you changed your mind is it the new contract or have you found somewhere better?

[sy8111]

my wife is pregnant, that flat is too small.

[mariner51]

So all that was known at time of signing. so basically just changed your mind and looking for an out?

 

You have signed an AST & paid a holding fee, showing intent to occupy. Whilst LL may not be able to enforce full terms of AST, he is entitled to re-advertising costs and say 1 months rent IMO.

 

No wonder some agents take 1+ month rent as non-returnable holding fee, to be allocated to T deposit when T moves in.

 

Renting a property is not subject to DSR, the principle is inspect & decide before you pay, or it should be!

[assisted blonde]

Why dont you just move into this flat for now as you have paid deposit etc and at the end of the year move, your wife can omly be just pregnant and if she has the baby while you are in the flat it will probably be sleeping in your room for the first few months. It will be a lot less stressful to do it this way rather than get into a big discussion with the agents and thinking about it a smaller place will give your wife a lot less housework to do while she is expecting.

[Steve__M]

...and thinking about it a smaller place will give your wife a lot less housework to do while she is expecting.

 

You must surely be a man if you've made a comment like that!!!

[assisted blonde]

Wrong I am female, but I dont do domestic as I told my husband when I met him, hence we have a cleaner.