Brian Whittaker's Tache Posted October 8, 2008 Share Posted October 8, 2008 I moved back to Edinburgh after splitting up with my missus and rented a flat in Leith. I got a lovely wee flat on a short assured tenancy for 6 months. A month ago when I had three months left on my tenancy, I got asked if I would mind leaving as the landlady's husband had taken ill and they wanted to move back to Edinburgh to help him to recuperate. i got a formal letter ending my tenancy at the end of October, which I didnt bother replying to as we agreed it wasnt necessary as I had found another flat to move into. Things were cool and we talked last week of me moving out early as my new flat (which is being renovated) would be ready early. All good till I get a phone call tonight saying theyve changed their mind and I can stay in the flat as they cant be ersed moving. Problem is I've agreed verbally a lease on a new flat which is better than the one I have now and am all set to move in three weeks. Where do I stand legally on both properties? Can I tell them I'm leaving their flat and go on to the new one. Or do I have to stay her till they change their mind again? Link to comment Share on other sites More sharing options...
Flux Posted October 8, 2008 Share Posted October 8, 2008 http://www.adviceguide.org.uk/index/family_parent/housing/tenancy_agreements.htm Link to comment Share on other sites More sharing options...
Rawrrrrrrr Posted October 8, 2008 Share Posted October 8, 2008 I moved back to Edinburgh after splitting up with my missus and rented a flat in Leith. I got a lovely wee flat on a short assured tenancy for 6 months. A month ago when I had three months left on my tenancy, I got asked if I would mind leaving as the landlady's husband had taken ill and they wanted to move back to Edinburgh to help him to recuperate. i got a formal letter ending my tenancy at the end of October, which I didnt bother replying to as we agreed it wasnt necessary as I had found another flat to move into. Things were cool and we talked last week of me moving out early as my new flat (which is being renovated) would be ready early. All good till I get a phone call tonight saying theyve changed their mind and I can stay in the flat as they cant be ersed moving. Problem is I've agreed verbally a lease on a new flat which is better than the one I have now and am all set to move in three weeks. Where do I stand legally on both properties? Can I tell them I'm leaving their flat and go on to the new one. Or do I have to stay her till they change their mind again? Move out Your verbal agreement with them is binding and as you both agreed to an early termination etc then thats legal Of course if there ***** you may need to prove that If I was you I would email them keeping a formal paper trail stating that you do not wish to accept their new offer and are sticking to the existing agreement to leave once your flat is ready Keep it polite but formal and ensure you make mention to the previous agreement then bide your time for their response, hopefully they will admit what was said and you wont have anything to worry about Link to comment Share on other sites More sharing options...
flecktimus Posted October 8, 2008 Share Posted October 8, 2008 I moved back to Edinburgh after splitting up with my missus and rented a flat in Leith. I got a lovely wee flat on a short assured tenancy for 6 months. A month ago when I had three months left on my tenancy, I got asked if I would mind leaving as the landlady's husband had taken ill and they wanted to move back to Edinburgh to help him to recuperate. i got a formal letter ending my tenancy at the end of October, which I didnt bother replying to as we agreed it wasnt necessary as I had found another flat to move into. Things were cool and we talked last week of me moving out early as my new flat (which is being renovated) would be ready early. All good till I get a phone call tonight saying theyve changed their mind and I can stay in the flat as they cant be ersed moving. Problem is I've agreed verbally a lease on a new flat which is better than the one I have now and am all set to move in three weeks. Where do I stand legally on both properties? Can I tell them I'm leaving their flat and go on to the new one. Or do I have to stay her till they change their mind again? 1) What date did your old tenancy start? I need to know this as it is important to the notice you have been given Verbal agreement on your new flat means nothing.Untill you sign the tenancy there is no legal obligation on your behalf. Link to comment Share on other sites More sharing options...
Rawrrrrrrr Posted October 8, 2008 Share Posted October 8, 2008 1) What date did your old tenancy start? I need to know this as it is important to the notice you have been given Verbal agreement on your new flat means nothing.Untill you sign the tenancy there is no legal obligation on your behalf. A verbal contract is just as binding as a written contract with very few exceptions, to my knowledge tennancy isnt one of them His original tennancy agreement is irrelevent as there was a renegotiation of the terms agreed to by both parties Link to comment Share on other sites More sharing options...
coppercrutch Posted October 8, 2008 Share Posted October 8, 2008 A verbal contract is just as binding as a written contract with very few exceptions, to my knowledge tennancy isnt one of them His original tennancy agreement is irrelevent as there was a renegotiation of the terms agreed to by both parties Maybe in theory - but in the real World in relation to a lease on a flat that has not been signed............not a chance. His word against the others. Never going to go anywhere near any court. Link to comment Share on other sites More sharing options...
coppercrutch Posted October 8, 2008 Share Posted October 8, 2008 I moved back to Edinburgh after splitting up with my missus and rented a flat in Leith. I got a lovely wee flat on a short assured tenancy for 6 months. A month ago when I had three months left on my tenancy, I got asked if I would mind leaving as the landlady's husband had taken ill and they wanted to move back to Edinburgh to help him to recuperate. i got a formal letter ending my tenancy at the end of October, which I didnt bother replying to as we agreed it wasnt necessary as I had found another flat to move into. Things were cool and we talked last week of me moving out early as my new flat (which is being renovated) would be ready early. All good till I get a phone call tonight saying theyve changed their mind and I can stay in the flat as they cant be ersed moving. Problem is I've agreed verbally a lease on a new flat which is better than the one I have now and am all set to move in three weeks. Where do I stand legally on both properties? Can I tell them I'm leaving their flat and go on to the new one. Or do I have to stay her till they change their mind again? So you have a formal letter stating your present agreement ends in October. You also have an agreement with a new place verbally. You want to move there. You have no reason to believe they will go back on their word ? Sign the new agreement. Move out at the end of the month as agreed on your present place. Move to the place you want to move to(If I am reading that correctly ?) Have I missed something here ?!! Where is the problem !!?? These people want you to stay. I want Kelly Brook. I am not going to get her. Link to comment Share on other sites More sharing options...
Rawrrrrrrr Posted October 8, 2008 Share Posted October 8, 2008 Maybe in theory - but in the real World in relation to a lease on a flat that has not been signed............not a chance. His word against the others. Never going to go anywhere near any court. He also has a formal letter terminating his tennancy, unless he has actually replied then he has written proof of termination too. The most he will be legally liable for would be rent and damages up until the end of october. The OP should ensure he leaves the flat at the termination date though otherwise there may be implied acceptance of the change of tune by the owners and he would need to give formal notice again Link to comment Share on other sites More sharing options...
flecktimus Posted October 8, 2008 Share Posted October 8, 2008 A verbal contract is just as binding as a written contract with very few exceptions, to my knowledge tennancy isnt one of them His original tenancy agreement is irrelevant as there was a renegotiation of the terms agreed to by both parties Yes it could be irrelevant because the renegotiation, but to be on the safe side I would rather know the Tenancy dates to make a judgment on the notice that has been legally served A verbal agreement between the Agent/Landlord and Prospective Tennant is covered by common law, you are correct. But in reality it means Jack sh- t,it is the Landlord/Agent who in certain circumstances must be careful with verbal agreement. Link to comment Share on other sites More sharing options...
coppercrutch Posted October 8, 2008 Share Posted October 8, 2008 He also has a formal letter terminating his tennancy, unless he has actually replied then he has written proof of termination too. The most he will be legally liable for would be rent and damages up until the end of october. The OP should ensure he leaves the flat at the termination date though otherwise there may be implied acceptance of the change of tune by the owners and he would need to give formal notice again I think either I am getting confused here or everyone else is !! The OP wants to move out at the end of October. They have an agreement to move out then. They have an agreement to move somewhere else they prefer. The only issue was if the OP for some reason HAS to stay in their existing place. Which they clearly don't have to. Have I missed something...help !! Link to comment Share on other sites More sharing options...
flecktimus Posted October 8, 2008 Share Posted October 8, 2008 I think either I am getting confused here or everyone else is !! The OP wants to move out at the end of October. They have an agreement to move out then. They have an agreement to move somewhere else they prefer. The only issue was if the OP for some reason HAS to stay in their existing place. Which they clearly don't have to. Have I missed something...help !! No you have missed nothing. The only decision at this time and moment is what house does he want to live in. The op is probably just a little concerned with his legal standing. Link to comment Share on other sites More sharing options...
Brian Whittaker's Tache Posted October 8, 2008 Author Share Posted October 8, 2008 I think either I am getting confused here or everyone else is !! The OP wants to move out at the end of October. They have an agreement to move out then. They have an agreement to move somewhere else they prefer. The only issue was if the OP for some reason HAS to stay in their existing place. Which they clearly don't have to. Have I missed something...help !! I had a letter terminating my tenancy which I was supposed to sign and return. I didnt bother as A) It should to have been sent recorded as per the terms of the original contract and We had a verbal agreement which I was happy to comply with. As I didnt sign it am I still legally bound to this flat? And according to what I've read my verbal agreement with the new landlord is binding as it was made in front of a witness? Link to comment Share on other sites More sharing options...
coppercrutch Posted October 8, 2008 Share Posted October 8, 2008 No you have missed nothing. The only decision at this time and moment is what house does he want to live in. The op is probably just a little concerned with his legal standing. I had a letter terminating my tenancy which I was supposed to sign and return. I didnt bother as A) It should to have been sent recorded as per the terms of the original contract and We had a verbal agreement which I was happy to comply with. As I didnt sign it am I still legally bound to this flat? And according to what I've read my verbal agreement with the new landlord is binding as it was made in front of a witness? I see !! Maybe Flecktimus can help you out ? Maybe you not signing the confirmation means something. No idea myself. Link to comment Share on other sites More sharing options...
flecktimus Posted October 8, 2008 Share Posted October 8, 2008 I had a letter terminating my tenancy which I was supposed to sign and return. I didnt bother as A) It should to have been sent recorded as per the terms of the original contract and We had a verbal agreement which I was happy to comply with. As I didnt sign it am I still legally bound to this flat? And according to what I've read my verbal agreement with the new landlord is binding as it was made in front of a witness? You have been served notice by mail and by mutual consent you are not legally bound to the flat. As i posted above the start date on your tenancy would be handy. As posted above if you dont want to move into the new flat that tough on the new landlord. All i would say is let him/her know ASAP. Link to comment Share on other sites More sharing options...
Brian Whittaker's Tache Posted October 8, 2008 Author Share Posted October 8, 2008 Tenancy began on the 9th June terminating on the 8th of November (6 months) Link to comment Share on other sites More sharing options...
flecktimus Posted October 8, 2008 Share Posted October 8, 2008 Tenancy began on the 9th June terminating on the 8th of November (6 months) Ok if you want to leave the flat you are living in but a feel a little uneasy about not signing the notice, you could give 1 months notice tomorrow in writing and leave the flat on the 9th of Nov. I have sent you a pm Link to comment Share on other sites More sharing options...
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