Tenancy Agreement Termination

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  1. #1

    Angry Tenancy Agreement Termination

    Dear All,

    If anyone get legal advice and comments, please feel free to let me know.

    Here is the situation.
    - Tenancy agreement (1 year done already, however landlord up the price and ask us to sign another agreement for 1 year fix) until june 2009.

    - After discussion with landlord, she agreed per email to terminate the tenancy agreement (without any charge) and let us take back our air con we bought.

    - Next day, we sign a pre-contract and paid the deposit (one month rent)

    - then next day, Landlord sent us another email informed us she want 6 month rent and keep the air-con.

    Since then we are juggling with this landlord, which is now requesting to keep the deposit to agree for the termination agreement

    By end of this week, we need to finalize the contract with the new rent.

    Any feedback and advise, what she should be the correct way to go, any legal advice as well welcome.


  2. #2

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    What is the length of the original tenancy agreement, e.g. one year fixed plus one month's notice? What is this "charge" to cancel the tenancy?


  3. #3

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    Stay for 2 months without paying rent, that should cover your deposit, then move, take the aircon that you bought yourself and find a better place to live, Moving sucks but its better than dealing with these kinds of Landlords.


  4. #4

    First contract was 1 year + 1 month.

    Then new price, then new contract for another year fix + 1 month.



  5. #5

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    One, you don't pay to terminate a contract which has expired.

    Two, the air-con belongs to you. You take your property when you vacate the premises. Make sure the 'whole' is blocked up.

    Three, why did you sign a second tenancy agreement and, presumably, pay further one month's deposit?


  6. #6

    I was not clear in my initial post.

    After the email of the owner who agree to terminate the agreement, we went to visit flat.
    Then Next day, we sign a pre-contract and paid the deposit (one month rent) for a new Flat.

    Then the day after, owner (old flat) sent back an email requesting payment of 7 months before terminating contract.

    regarding second contract sign, that's the problem!

    So we are in middle of crisis between 2 flat, with one agreement per email then disagreement and then this tenancy agreement and the air con story on top of that.


  7. #7

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    Sorry to say you are still not clear in this post.


  8. #8

    Here is the situation.
    - Tenancy agreement initial sign 2 years (1year fix +1month)
    Then after 1 year, owner up the price and a tenancy agreement contract was sign for another 1 year fix + 1 month until june 2009.

    - After recent discussion with landlord, she agreed per email to terminate the second tenancy agreement (without any charge) and let us take back our air con we bought.

    - Next day, we go for checking flat and found a new flat, then we sign a pre-contract for new flat and paid one month rent deposit.

    - then after we sign the pre-contract on the new flat, Landlord from our current flat sent us another email informed us she want 6 month rent and keep the air-con to agree to terminate the tenancy agreement.

    - After recent discussion, Landlord agree to terminate tenancy agreement without refund initial deposit but still keeping air con.


    Questions are:
    - Is it possible to leave legally as we get Email agreement earlier or the tenancy agreement overrule? Any legal way for tenants in view of the above to terminate agreement.

    - Is it possible to get the refund of deposit or shall we agree to all terms of current landlord and Air-con too?

    - or there is no other way than follow landlord terms?


  9. #9

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    A lawyer should really give you advice. Not this website.

    I would expect the lawyer to say that if the landlord put down in writing an agreement to terminate and give back the aircon, then he cannot change his mind by himself ( without you agree also ). Therefore the first edict stands.

    You don't mention it but I take it by looking for another apartment and paying a deposit, you informed the landlord of notice to leave under the terms of the first lease. Which was still in force due to the cancellation of the second.

    Your contract will also list those things which are the landlords property and therefore your aircon will not be listed so you are clearly able to take it. You would also have a receipt proving ownership?

    You need a lawyer to write this all down, present to the landlord and move to the new apartment. If in fear of your deposit then have the lawyer mention that the apartment is in good order and any claim to the deposit WITHOUT REASONABLE CAUSE AND VERIFIED BY AN INDEPENDENT ARBITER, will be considered theft and appropriate action, WITH COSTS will be taken and sought by you in that event.

    Go take it to a lawyer.


  10. #10

    Thanks Boris for this reply.

    However the landlord never put in writing and sign agreement of termination, but clearly mention in her email " I agree to terminate the rent of block X......), not sure it will be still valid in court.


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