Change to agreed tenancy end date in writing?

Change to agreed tenancy end date in writing?

10:44 AM, 25th November 2022, About 2 weeks ago 15

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Hi All, A tenant on a periodic residential recently gave one month’s notice in writing, which was accepted by the landlord. The landlord confirmed the check-out date in writing which the tenant accepted, also in writing.

However, the next day the landlord had a change of mind and stated they would prefer a later check-out date but still within the 1 month’s notice period.

Is the landlord able to change the agreed date to a later date if the tenant disagrees or will the original agreement be legally binding?

Many thanks

Lisa

 



Comments

Graham Bowcock

12:05 PM, 25th November 2022, About 2 weeks ago

Hi Lisa

It's not totally clear what's going on here. I think you need to provide more information. For example, was the original agreed check out date sooner than the end of the notice period? When is rent to be charged up to? Are you now saying that the landlord wants to keep the tenant to the end of the notice period and charge rent up to that date?

In practice the landlord may struggle to change the date, especially if it's agreed in writing. Most tenants will say it's agreed, so tough and there's not really a lot the landlord can do.

Judith Wordsworth

13:59 PM, 25th November 2022, About 2 weeks ago

Unless mutually agreed the original check out date should stand.
Why does the landlord want to amend the date?
If it’s just a couple of days just swallow the few days loss of rent. Gives time to sort any decorations, etc.

Trish Basquille

6:24 AM, 26th November 2022, About 2 weeks ago

Apologies for jumping on this post, but it could save me hundreds of pounds!
My daughter is in her first year of University In Cardiff and could only find a 51 week tenancy in privately rented student accommodation. This ends on 31st August. Because it has taken six months to secure somewhere for her brother to live in Falmouth, she has jumped into a house share with friends starting on 3rd July 2023, giving an 8.5 week overlap. Potentially, we have to pay over £1300 for her existing tenancy, plus £900 + bills for the new one. . . when in reality she will be home for the summer and living with us! Can anyone please advise our best course of action?
Thanks in advance from a mum with two youngsters at university 😊

Judith Wordsworth

8:49 AM, 26th November 2022, About 2 weeks ago

That you daughter gets a summer holiday job and uses the money to pay the 8.5 weeks additional rent.

If she stays on in this house share for her final uni year you'll / she'll be paying the rent from the end of her final term, often mid May, until that tenancy expires too.

Its unlikely that the Uni will allow you to breach their tenancy contract.

Bridget Kik

9:04 AM, 26th November 2022, About 2 weeks ago

Reply to the comment left by Trish Basquille at 26/11/2022 - 06:24Her landlord rented her accommodation on trust, you don't just get to walk away because it suits her.
Landlords aren't always made of money.
From a mother with 2 student children

Graham Bowcock

9:20 AM, 26th November 2022, About 2 weeks ago

Reply to the comment left by Trish Basquille at 26/11/2022 - 06:24
I think the circumstances here are different. Your daughter is liable for the term she has signed up to, so unless there is a break clause she is committed to the end.

My daughter is in the same situation; she will finish uni and start working before her student house tenancy has ended. But that was the deal!

Lisa G

9:21 AM, 26th November 2022, About 2 weeks ago

Reply to the comment left by Graham Bowcock at 25/11/2022 - 12:05
Hi Graham, thank you for your response. I can provide a few more details on this highly unusual situation.

The landlord had a change of mind after agreeing the earlier check-out date because he realised that there would be insufficient time to relet the property before Christmas.

The agreed release date is several weeks before the notice period stated in the periodic tenancy and the landlord now wants to charge rent for the whole of this period rather than from the earlier date he agreed in writing. The landlord says that the earlier date is not legally binding as there is no express clause in the tenancy relating to the option to agree an earlier date. Furthermore, he has said that the earlier release date agreement is invalid even though it is in writing. Is this correct in law or does the written agreement of the early release date between the parties always override the tenancy agreement?

If the landlord’s actions are unlawful what immediate action should the tenant take as time is short? The landlord is completely unwilling to accept the agreement and is pressuring the tenant to back down and overlook the earlier agreed check-out date.

Thank you in advance for your help.

Kind regards

Lisa

markyboy

12:30 PM, 26th November 2022, About 2 weeks ago

Is council tax payable on one of these properties during any overlap as I believe student exemption can only be claimed on one property at a time?

markyboy

16:38 PM, 26th November 2022, About A week ago

Reply to the comment left by Lisa G at 26/11/2022 - 09:21Hi Lisa,
Assuming this is in England, Normally, once the AST has gone periodic the tenant only has to give one month notice.
The easy way I explain this to my tenants is, one more full rent payment after giving notice, and return the property before the following rent payment would be due.
This is the usual statutory requirement, and no contract can over ride or reduce statutory rights, assuming its an AST.
If the notice has been accepted in wrting, then I think it's binding on both parties.

Trish Basquille

18:47 PM, 26th November 2022, About A week ago

Reply to the comment left by Judith Wordsworth at 26/11/2022 - 08:49
Hi Judith, thank you for your reply. She told us that she will probably be staying at Cardiff University for four years, so we will try and plan better in the future. Her current tenancy is with Hello Fresh - a private sector provider of student accommodation, as the University were unable to guarantee her a room, despite her being a First Year. I don't know whether this makes any difference, but I intend speaking to Hello Fresh directly. Just looking for any advice first 🙂

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