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Original poster

ending a tenancy before it has started. Help please!

12 replies

iva555 · 17/11/2009 23:30

HI,

I am renting privately and my contract is about to run out on the 19.01.10...so another 2 months left. I have just signed a new six months contract with my landlord, starting on the 20.01.10. I have sent it to him already but I have changed my mind and I don't want to extend it. Do i have right to change my mind now since it is only valid from january next year? It is a fixed term assured short hold tenancy. Any advice will be helpful.

OP posts:
charlotteolivia · 17/11/2009 23:42

if you signed it NOT in his prescence, i think you have a window of time. 3...7 days?
i had this problem. But because I signed in the letting agents office, I had to wait and pay the rent till I found someone else, and I changed my mind the day after i signed, but the exact words were 'you've signed'

charlotteolivia · 17/11/2009 23:43

i think its under the distance selling act 2000

Original poster
iva555 · 17/11/2009 23:52

Now I am really confused. My landlord lives in hong kong and only his sister lives here. He has sent me the new contract by post, signed by him. I signed it and post it to his sister(that's what he said I should do). She has received it but has not sent it to him yet. I have not signed in anyone's presense but I saw later that he has put his sister as a witness which is not true. He does not have the signed contract but his sister has. She has received maybe a week ago. But it should not be a valid document until the date it is supposed to start, right? it is valid from january the 20th, or not? oh god i don't know what to do. Have just emailed him and waiting for his reply. Thank you for your help

OP posts:
charlotteolivia · 18/11/2009 00:03

have a look here here

he shouldn't have put his sister as a witness. you shouldn't have signed anyway, because of that. I know its great saying that in retrospect though...

hmmmnnnn..... Go to CAB. I would have thought that putting down that someone has witnessed a contract signing, when they really haven't, is illegal no? and therefore (hopefully) the contract won't hold.

charlotteolivia · 18/11/2009 00:04

below where she has signed- has she filled in a date?

Original poster
iva555 · 18/11/2009 00:08

I will have a look there now. No she has not put a date. You are right, I should not have signed it, but to be honest I only saw it later.....stupid I know

OP posts:
charlotteolivia · 18/11/2009 00:11

surely that could help prove that she hasnt signed as a true witness? i assume he sent you two copies, both signed by him and 'witness' and you signed them both-and sent one to the sis yes?

go to CAB
take the contract.
explain EXACTLY what has happened.
they are the best people to deal with it.
good luck

Original poster
iva555 · 18/11/2009 00:12

Yes I have seen the shelter site but they all talk about ending your tenancy....but this is different because the new tenancy hasn't started yet. He asked me to sign a new tenancy three months before the old one has run out!!!!!!!! Are people not allowed to change their minds? And also since it is in his sister's hands and he has not actually received it.....is it valid at all?

OP posts:
Original poster
iva555 · 18/11/2009 00:14

yes that is exactly what happened....there is no date anywhere on the contract, so no one knows when it was signed. CAB is the citizens advice beraue yes? Thank you so much, I might actually have a chance)

OP posts:
charlotteolivia · 18/11/2009 00:29

yep. citizens advice bureau. have a google and find your nearest. be prepared to wait there though if they can't give you an immediate appt. Ring them first as some have different 'clinics' different days.

Original poster
iva555 · 18/11/2009 00:34

Thanks Charlotteolivia

OP posts:
Aussieng · 18/11/2009 16:42

Since you have viewed (indeed already live in the property) the distance selling regulations will not apply.

Leases for less than 1 year are not required to be in writing. There is also no requirement that a lease for this short a duration be witnessed (although it is good practice, particularly where the lease does not commence immediately) so technically I do not think that any of that invalidates the lease. I believe that all that happens is that the tenancy agreement ceases to be a deed and becomes an agreement which is just as enforceable in court in the case of a six month lease.

The contract is not only valid from January next year - it is valid immediately but the "term" only takes effect from January. Whether or not you can cancel are likely to depend purely on the terms of your lease. The landlord would have to be stupid to have a lease which would permit this but stranger things have happened.

If you do cancel the lease, the landlord can only sue you for costs they have been unable to recover - ie they will have to try and get a new tenant and if they do they cannot claim the unppaid rent from you.

See CAB for proper advice then if you do intend to cancel do it sooner rather than later to give the landlord a chance to find another tenant.

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