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AIBU to pay the rent agreed?

(65 Posts)
Bunnyhipsdontliegrl Thu 11-May-17 11:52:13

I just signed a contract renewal for my appartment. The contract before was 6 months ago and I paid the 6 months at once

When I received my new contract I had a doubt about the rent amount so I sent an email to the estate agent to confirm it. They did. We both signed the contract.

Fast forward now, they realised they made a mistake and want me to pay more.

I deal with stress, insomnia and anxiety at the moment (unrelated to this problem). I am scared they will five me my notice and the thought to to have to go to the citizen advice bureau and fight against an estate agent gives me cold sweat already. So a part of me just want to do wathever the hell they want to be at piece. Like I always do. Another part of me wants me to stand up for myself for once in my bloody life as I am a professional carpet...

1) Does anybody knows what does the law say about it?

2) What woul you do?

Thanks in advance

Bunnyhipsdontliegrl Thu 11-May-17 11:53:12

Sorry for the mistakes, I am really stressedblush

Pinkheart5917 Thu 11-May-17 11:54:18

What doesn't the renewal contract actually say? Your previous agreed rent or a new rate?

PeaFaceMcgee Thu 11-May-17 11:55:01

I would initially think, 'tough tits'. Is there much of a discrepancy?

BillyNotQuiteNoMates Thu 11-May-17 11:55:29

Maybe better to post this on legal as well.

Pillowpillowpillows Thu 11-May-17 11:56:08

how much is the difference then decide whether it's worth it to you.

PeaFaceMcgee Thu 11-May-17 11:57:50

If little difference (not worth them initiating proceedings against me) I'd say it stays the same as what you both signed, for the 6 months. It was their mistake and so they should take the hit.

PeaFaceMcgee Thu 11-May-17 11:58:18

I think Shelter have a helpline on housing rights?

Bunnyhipsdontliegrl Thu 11-May-17 12:00:54

The new contract is £75 less per month. Basocally the new contract "x ammount to include this service" and they now demand I pay said service on top. Sure enough "to include" means it is include means it is included? Or does it mean it isn't included English is not my first language)

Bunnyhipsdontliegrl Thu 11-May-17 12:02:32

The new contract is for 1 year

FallenSky Thu 11-May-17 12:04:51

Pretty sure if you've both signed the contract it's tough. That's what you pay. What does your contract say about notice? Presumably they can't kick you out before your 6 months is up, even if they tried they'd probably not get you out before then as they'd legally have to evict you through court. Are you planning on staying on past these next 6 months?

Jaxhog Thu 11-May-17 12:04:55

Surely a contract is a contract? Put it this way. If you discovered you had overpaid and wanted to get some money back, they would tell you to take a running jump!

There is the possibility that they will hike the rent in 6 months time, but I doubt they will do anything in the short term. Keep that email though.

Either talk to Citizen's advice now or get a free 1/2 hour with a local solicitor.

Pinkheart5917 Thu 11-May-17 12:06:02

To include, to me means it is included In X amount

When you emailed the agents did they email back confirming the new price? If so I'd forward that email on the agents and say the contract you signed was for x amount & they even confirmed this price by email.

It's there mistake So really this should be on them

Bunnyhipsdontliegrl Thu 11-May-17 12:06:34

I was not planni g to stay after this year no.

user1491148352 Thu 11-May-17 12:07:36

How big is the difference?

Normally, you are only contractually obliged to pay the amount in the contract. But if the error is an obvious typo - eg 1000 pence, instead of 1000 pounds - your agent /landlord could challenge and would win their case.

If though they just forgot to include eg a cost of living increase for the next six months you are on much stronger ground, and a court would back you if you argued that that you signed in good faith. Equally though the landlord would be within their rights to evict you at the end of the rental period.

It boils down to "good faith". Did you know there was an error when you signed? Would you have refused to sign had the correct amount been in the contract?

The landlord would have a strong claim against the agent - though the agent would argue that the landlord should have double checked.

Bunnyhipsdontliegrl Thu 11-May-17 12:09:15

Yes I emailed the landlord before we signed the contract asking i £x per month was the right amount. They answered "yes it is £x per month" and then we both signed the contract

user1491148352 Thu 11-May-17 12:19:13

Well with that mail from the agent you are on solid ground. Don't delete it!

Landlord should claim against the agent if they did not follow his/her instructions. Agent will know this. Hence the pressure.

But landlord can still decide not to continue the tenancy at the end of the contractual period. That will cost - so if you are otherwise a good tenant, they will probably just live with it.

Make sure all your interactions with the agent are in writing. Do not engage with them on the phone.

PyongyangKipperbang Thu 11-May-17 12:19:20

Given that you confirmed in writing that the amount was correct I dont think that they could make a case out of it.

You have the contract AND written confirmation from the landlord that the amount is correct. They will have to suck it up. They may well bluster and threaten court action but for £75 a month and no chance of winning, I doubt that they will actually do anything they are just trying to bully you.

Bunnyhipsdontliegrl Thu 11-May-17 12:23:27

user1491148352 Thanks! Do you know if they can give me my notice before the one year contract ends though?

Floggingmolly Thu 11-May-17 12:23:34

"To include" isn't a typo. It may well be a mistake, but if both parties willingly signed the contract they haven't a leg to stand on.
How different is the amount overall? If you were to pay for the service they mistakenly told you was included , would that bring you back up to the amount that you used to pay?

nelipotter Thu 11-May-17 12:28:27

I work as a property agent, and it looks like they are trying to get you to pay for their mistake.
Technically it is their fault, and you shouldn't have to pay.
However, it might sour the relationship. I say might, cause at the end of the day, some of us really don't care, and in twelve months we will just get it to the right level and go again.
Other agencies will charge the staff member who made the mistake. But if it was the landlord than that's their problem.
They can't kick you out before your lease ends, but they may not offer you a renewal then. I'm not sure if they have to give a reason. But 'the owner wants to renovate' is a reason.
Which country are you in?

Bunnyhipsdontliegrl Thu 11-May-17 12:28:34

PyongyangKipperbang it is the estate agent who confirmed the rent to me. Not the landlord. Does it change something?

The estate agent was insisting on me calling them to talk about it. I said I'd rather do by email. I answered that the contract was saying "to include *this service*" . I haven't heard back since. I think she tried to confuse me to get out of her mistake. I am proud of myself for staying calm and pointing to the contract (and refusing to do it by phone).

I don't know if her silence stresses me or relieve me to be honnest.

Bunnyhipsdontliegrl Thu 11-May-17 12:30:44

nelipotter Thanks. I wasn't planning to stay after one year so I don't mind.

I am slightly worried they would try to get it back from the deposit but it is a problem for 12 months from now me wink

Bunnyhipsdontliegrl Thu 11-May-17 12:33:08

Floggingmolly I am not sure how much I would have to pay. But to be clear they didn't tell me it was included it is clearly written in the contract

PansyGiraffe Thu 11-May-17 12:34:48

Stick with the amount in the contract. And argue if they try to take it out of your deposit (they don't have a leg to stand on). You raised it, they confirmed, both parties signed.

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