NSW Tenancy Agreement

Hi, I signed a three months tenancy agreement with my tenant starting from 3/07, however we put 8/10 as the end date. The tenant now wants to end the tenancy on 3/10 and arguing that it’s a 3 months agreement and doesn’t want to pay the extra 5 days rent. Any suggestions for me?

 

Act as if 8/10/2020 is the end date because it is?

 

Yep, that's what the lease says.... and besides.. the tenant saying the end date is 3 October is incorrect anyway. If rent is payable weekly then the correct lease expiry date is 1 October (based on a 13 week lease). If rent is payable monthly then the correct lease expiry date is 2 October.

@Anjohn ... was the lease expiry date of 8 October a mutual decision or a typo? Either way, if the tenant signed that lease then, as @thatbum says, you can stand by that expiry date.

 

How did you arrive at the 8th October?

I can see where they are coming from. They think three months because that's the box that's ticked, and you think the 8th because that's what the next box says.

Does one term override the other? I dont know, but I wouldn't be confident in assuming it's neccesarily the 8th if the lease has merely been calculated incorrectly.
Some background info might be more revealing.

 

1/10 is 13 weeks (¼ year), 8/10 is 14 weeks (more than 3 months)

 

Sometimes in contracts where there's a contradiction, a latter clause can override a former clause.

But in this case I would say its more a case of a specific term clarifying an earlier general term. They don't really contradict each other.

 

The date is the date

Had it been that you put 8/10/2021 then there would be a problem.....

They did sign to end on the 8/10/20 so you could rightly argue that they are liable until that date

Ultimately you need to be the bigger person and learn from this error

Let them go, because if you argue the point you may end up with bigger problems