can I withdraw an offer made in communication "without prejudice"

[saturnz]

essentially this is the facts

* In August I try to dissolve the lease agreement (which ends in December) as relations between myself and the tenant broke down. He refused the offer and committed to stay until the end of the lease.

* Two weeks ago he makes an about turn and asks to leave in November as December would be difficult to find alternative accomodation.

* I offer him one extra month under a new lease for January, he accepts.

* Given that this lease is coming to an end, I am entitled as per the lease agreement to conduct viewings two Sundays a month starting this Sunday.

* The agent contacts the tenant and he refuses to make the property available for viewing (as per the lease I am allowed to do so 60 days before it expires) suggesting viewing should rather start in January -after his lease expires!

* I now wish to revoke my offer for him to stay under new terms for the month of January, he will have to vacate at the end of December.

Given that I made this offer without prejudice, can he hold me to that offer?

 

[IzZzy]

Given that I made this offer without prejudice, can he hold me to that offer?

Firstly "without prejudice" doesn't give you the entitlement you think it does. A "Without prejudice" offer is one made in contemplation of settlement of a dispute. Acceptance of offer, whether made without prejudice or not, has the same legal consequences.

You made an offer, he accepted. That is binding. Him being in breach of his obligations under the lease agreement have no consequence to the original offer. Your proper remedy here is to enforce the terms of the lease i.e. to oblige him to allow you to conduct viewings.

 

[saturnz]

Thanks for the response.

Well the fact that I am asking here suggests that I recognise that "without prejudice" doesn't entitle me to what you think I think it does.

I am quite aware it doesn't offer blanket protection, but we have been in dispute since August when relations broke down, they are still "broken".

I have yet to draw up that lease for January, I suppose I could make it onerously difficult for him.

 

[IzZzy]

Well the fact that I am asking here suggests that I recognise that "without prejudice" doesn't entitle me to what you think I think it does.

No worries, it wasn't sad with any malice. The situation would have been different if you had made the offer, and only made the offer capable of acceptance by him after compliance with his obligations to let you conduct x number of viewings by y date.

 

[saturnz]

yes its a tricky situation, I will seek counsel on Monday

and the comment was made tongue in cheek

edit: okay just thought of something

he is currently in breach of the lease, I spoke to him briefly over the phone last night and its clear he is unwilling to allow viewing.

I now have to issue him with notice to remedy the situation, failing which he has to vacate the property within 30 days and in essence he will then not be able to stay in January as the offer for him to stay in January was made in good faith and he is currently acting in bad faith.

another edit: finally managed to get hold of my counsel- I can revoke the offer for January as I signed no lease to that effect.

 

[Priapus]

another edit: finally managed to get hold of my counsel- I can revoke the offer for January as I signed no lease to that effect.

Then do that. This tenant sounds like trouble.He should be grateful you extended the lease by a month. I would't have done that.

 

[saturnz]

yes I regret the decision. I try to be reasonable with people but it always costs.

He lodged a complaint with the Rental Tribunal. I'm waiting for the complaint to reach my desk afterwhich I will apoint a lawyer to draft my response. I have no qualms spending a couple of thousand. If the decision goes against me- I can deduct it from my taxable rental income and if I win I can claim the costs from him.