Legal stuff - Can a verbal agreement supercede a written one

[Kylie]

I've just moved out of a rented place, I went to see the landlady a month back and gave her my months notice. She said fine, but the rental went from the 4th of each month so I'd have to pay until Jan 4th. Ok says I, so we agreed.

Then the rental company who set the deal up write to us both and point out the contract I'd signed said 2 months notice, I'd forgotten that, so had landlady, but now she says, well thats that, I've to pay until Feb 4th.

I reckon the verbal agreement we made supercedes what I signed 2 years ago, but not sure that would stand up in small claims court. She's offered a compromise of 50% rent for the last month, or nowt if she rents it by then. Best I can get?

[hovis]

i would think if you signed for 2 months thats what u should pay............i would take the 50% offer :wink:

[zobo]

oh no landlords are a breed of their own......the best you can do is get someone to move in to the place your leaving by the 3rd Jan..then hopefully she wont ask for the 2nd months rent..as she'll already have it covered...but legally she prob could...depends how much of a @ss she is...

Hope things work out :D

[Red ones]

I think you are probably stuck with 2 months notice, however, I would check who the lease is with. Is the lease with the landlord, or with the rental company? I suspect it is with the rental company and that they have a separate agreement with the landlord, in which case the landlord cannot make a deal directly with you without agreeing it also with the rental company.

By the sounds of it the 50% offer is good, but do ask about other options, is an assignment acceptable? This would get you out of having to pay any more than necessary and would give the agency effectively a break clause after a month, after which time they would then be back on to an assured short term tenancy.

Worth asking.


Sorry - I am a bit of a bore on Tenancy Act!!

[Biker Biggles]

I reckon your verbal contract supersedes the older written one,but proving it and enforcing it will likely cost you more than a months rent and a lifetime worth of grief and agro.
:evil:

[Ed]

If I were you I'd ignore the company, write a letter to your landlady and say that in accordance with your verbal agreement you will be moving out on 4 January, pay up till then and pay no more. Is she going to sue you? Well maybe, but I doubt it. It's small claims if she does, most unlikley to get legal costs back, so just do it. Have you paid a deposit - factor this into your calculations.

Possession is nine-tenths of the law. And you will have possession of the month's rent.

Ignore the rental company, they are only lining their pockets. Move out and tell them to go forth. If you receive a claim form, well come back and I'll draft a defence for you.

Ed

[Demonz]

I suspect she has your deposit and wont return it if you dont pay the last month - in which case she has you by the goolies??

[AlanSv]

I always thought the deposit was used for the last month of rent anyway?

[jonnyt]

I think your landlord gave you a very fair offer.

Chances are the landlord will fill the vacancy so you wont have to pay the second month.

[RandyO]

check your original lease and it's term, read all the fine print

many rental leases are for a 1 year term, with options to renew HOWEVER, many times, the renewal is never transacted and you may be an "at will" monthly tennant

[Smurf]

How long have you been there? If you've served the fixed term period (usualy 6 months when I was renting) then after that you only have to give one months notice.

[mysteryjimbo]

How long have you been there? If you've served the fixed term period (usualy 6 months when I was renting) then after that you only have to give one months notice.

This is true. If you havent signed a newer one then these stipulations dont apply.

A verbal agreement will supercede a written one if it is newer. The difficulty comes when trying to prove it.

My other half had been employed for longer than 2 years without a written contract and they had to provide her with maternity pay because of this. She got a written contract shortly after.

[Kylie]

Thanks people for your responses, and Ed for the offer of help. I've been there two years, initial contract was 6 months and then I had to sign again for a rolling 2 month contract. I should have argued for a 1 month contract back then but I didn't think about it at the time. :(

Gmonsta is right, the letting agency have my deposit and I have already paid up until Jan 4th, so if I play things badly I could find myself losing all the deposit, not just the 50% I've been offered. From what you folks have said it's a grey area (she could deny she agreed to anything) so don't think I should push too hard.

I moved out yesterday so I've yet to find out if I'll be stuck with "cleaning" charges, landlady already did a huge list of bits we'd missed but I went back and cleaned them last night. Nightmare, but at least it increases the joy of being in my own place now! :)

[skint]

If you receive a claim form, well come back and I'll draft a defence for you.

Ed

Hope it all goes well for you Kylie :) .

Ed - what a nice guy - good on yer, top geezer! :santa:

[nickj]

TBH honest i think she's being quite fair by offering the 50% and nothing if she rents it, remember that she's probably got a mortgage to pay on it.