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I have made a mistake and given a tenant a furnished assured shorthold tenancy when the pr

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I have made a mistake and given a tenant a furnished assured shorthold tenancy when the property is unfurnished. Is the agreement still valid? The tenant has changed her mind and is stating this mistake makes the agreement invalid.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX X will try to help with this.

It doesn't completely release her from the agreement if thats what she is suggesting.

The very most that it might mean is that she would be entitled to a reduction in rent to reflect the diminution value between a furnished and unfurnished agreement.

Obviously though, if she has not yet moved in then that does place you under an obligation to seek another tenant to mitigate your loss

Can I help further?
Customer: replied 1 year ago.


It is not a straight forward tenancy. The property requires significant work which she agreed to do as she would be purchasing at a later date. It is not therefore possible to re let in order to mitigate our loss. She signed a 12 month fixed term ASHT on Friday 14 June 2013 with a view to purchasing at any point in the tenancy at which point her obligations to the tenancy would cease. The next day she changed her mind and asked to leave. She is implying that as a mistake has been made by referring to the property as furnished she can get out of the agreement.

Expert:  Jo C. replied 1 year ago.
That is not correct for the reasons above.

However, you will struggle to claim the remaining months due under the tenancy against her. The duty to mitigate Does not end because the contract is not straightforward
Customer: replied 1 year ago.

So to be clear it does not invalidate the agreement even thought it says furnished? This is a copy and paste from the top of the first page. I had not noticed it state "furnished"


 


TENANCY AGREEMENT


 


for letting a furnished dwelling house on an assured shorthold tenancy under Part I of the Housing Act 1988


 

Expert:  Jo C. replied 1 year ago.
It doesn't completely invalidate it because it doesn't strike at the heart of the contract.

She would be entitled to the diminution value.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 63930
Experience: Over 5 years in practice.
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