Question Re Tenancy

r_seal

I was in a 12 month fixed term lease which came to an end 2 months ago. The lease was through a letting-agent. I continued the tenancy without signing a new lease. I gave notice at the end of last month that I wished to move out and that I could move out immediately and would appreciate it if I could be accommodated. I was asked by the letting agent to put this in email form.

About a week ago I received an email from the agent stating that they had consulted with the landlord, had advised them about the 42 day rule in relation to the Act and that the landlord had consented to the waiving of this rule. The email went on to confirm that I could move out on a particular date and to only put the rent up to this date in - however the full amount had already left my account due to standing order. I replied, by return, to the email accepting the move out date.

The following day I was speaking to the letting agent who told me he had made a mistake and that the landlord was not agreeing to the earlier move out date.

Did the original email constitute an enforceable contract? What is my position under the Act - Sec 69 allows for a shorter term to be agreed by the parties - are the agents/landlord breaching the Act by seeking to go back on the date agreed?

Thanks

foggy_lad

r_seal wrote: »

I was in a 12 month fixed term lease which came to an end 2 months ago. The lease was through a letting-agent. I continued the tenancy without signing a new lease. I gave notice at the end of last month that I wished to move out and that I could move out immediately and would appreciate it if I could be accommodated. I was asked by the letting agent to put this in email form.

About a week ago I received an email from the agent stating that they had consulted with the landlord, had advised them about the 42 day rule in relation to the Act and that the landlord had consented to the waiving of this rule. The email went on to confirm that I could move out on a particular date and to only put the rent up to this date in - however the full amount had already left my account due to standing order. I replied, by return, to the email accepting the move out date.

The following day I was speaking to the letting agent who told me he had made a mistake and that the landlord was not agreeing to the earlier move out date.

Did the original email constitute an enforceable contract? What is my position under the Act - Sec 69 allows for a shorter term to be agreed by the parties - are the agents/landlord breaching the Act by seeking to go back on the date agreed?

Thanks

It sounds like the Agent/Landlord has seen that the full rent has been paid and could be attempting to pocket the extra rent. The first email from them is binding afaik.

r_seal

foggy_lad wrote: »

It sounds like the Agent/Landlord has seen that the full rent has been paid and could be attempting to pocket the extra rent. The first email from them is binding afaik.

Could the argument be made that the notice I gave was in an email and so did not comply with the Act? Or would you be simply relying on the Principles of Contract Law, offer and acceptance etc?

athtrasna

Mod note

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