AIBU to pay the rent agreed?

[Bunnyhipsdontliegrl]

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

I'd forward all communication plus copy of contract over the estate agents head to someone more senior there, so if the agent is trying to cover her/his own back then it will fall on them and take it from there.

It's not your fault really if you don't mind amending the contract at no extra cost of your own then that would be a good way to fix it but other than that I don't think you have any liability here.

What is comes down to is that somebody has fucked up and they are trying to get you to rectify it.

But its not your problem to solve.

My only reason for agreeing to pay the higher rate (the same as you have paid up until now) would be that I might want the LL to give me another contract at the end of the 1 year.

As you have already said that you don't want to live there for any longer than the 1 year already signed for, I would definitely say that you will only pay the amount stated in the signed contract.

This isn't your mistake - in fact you even pointed the mistake out to the EA! Yes, somebody will obviously take a financial hit here, but it shouldn't be you! IMO it should be the EA.

There is zero way I'd ring them to 'discuss'. Nope, you're spot on, it all stays on email or writing. They fucked up. Now they want YOU to pay for it. Bullshit I'd do that.

I'm sure that if it were the other way round, and you'd assumed a £75 service was included, but contractually it was extra they would be reasonable and let you off.

On second thoughts...

Have they issues you been issued with the completed contract signed by both the landlord (or the agent if they're acting on the landlords behalf)?

If the completed, signed contract has not been returned to you, then they can ask you to pay more. If not, then it's legally binding and they'll have to assume the mistake.

Well done for keeping it in writing and keeping your cool!

It's not exactly the same scenario but hopefully it will ease your mind..

When I viewed a flat they said all bills were included in the price. This was the only reason we took the flat! They sent our contract through and it mentioned tenants paying the bills. So I sent it back and said we were told the bills were included in the monthly rent. The agency sent through another contract saying it was not our responsibility to pay bills except council tax and internet (which was what we expected to pay). Signed contract, paid deposit, all sorted.

Fast forward to moving in day and the landlord starts explaining who to contact to arrange bills. We show him the contract which he has in his hand where it says we don't pay bills. Rather than fess their mistake to us, the agency threw the landlord under the bus without telling him they had signed him up to pay our bills. Sadly for the landlord, the contract was signed regardless that the agency had made a mistake. He couldn't ask us to pay the bills even though the agency were in the wrong. I'm not sure whether he claimed the costs through the agency or not because that wasn't our problem. (sorry that was longer than I thought it would be!)

Anyway, signed contract is just that I think. If your deposit is protected, which it should be if you went with an agency, they can't take it out at the end because they feel like it. Try not to stress and keep it all to written communication and make copies of everything.

Mummyoflittledragon I have a copy of the contract

I want to make sure I am in my right as she insist I am misunderstanding (it is possible, in which case I would pay more obviously) . The contract says (I am going to out myself there)

"The rent is £200 (fake rent amount) per month to include electricity and water"

A bit further

" The rent is £200 per month and water and electricity £75 payable together on the first day of each month"

Actually maybe I misunderstood. I thought it was £200 all together as it said to include and payable together but maybe it is £275 per month

Thank you so much to everyone taking time to help me. I feel a lot less weak.

It cant be both. Either it is including the elec and water or it isnt.

In the email did they say "Yes it is £200 a month including elec and water" or not?

It sounds like water and electricity are included in the £200. Why don't you phone Shelter, they could give you some legal advice? Google their number.

Hi OP
Just to make sure I understand:
You have been a tenant for six months paid up front
You have just signed a new 12 month contract, so it will run to May 2018
The contract is £75 cheaper than what you were paying
The contract says To include whichever service it says (you can tell me, I am nosey ) eg letting agent rate/cleaning etc
It has been signed by tenants and LL/agent

If all that is the case then refuse to sign anything new and ignore any claims. What was the service/who was the provider? To include does mean included.

Your deposit is protected in a deposit scheme if you are in the UK. They cannot take from it for a clerical mistake. If it is not in a scheme you can claim up to 3x the amount back. In a year's time when they try to screw you for ridiculous costs, eg unnecessary cleaning or repair work, come back on here and we will talk you through how to put in a dispute. The deposit scheme is designed to protect you, you won't just lose it like that.

GinSwigmore Ahah it's nothing fancy like a sexy gardener it's just the bills .

PyongyangKipperbang It is written both in the contract. I really didn't realise it could be a problem. I saw to include the bills and paid together and I really thought it was obvious it was including the bills.

As I said English is not my first language so if the contract says the bills are to be paid on top ( can to include mean 2 things?) Though for me I will pay them on top. If not, though for them I guess

That does change things - the contract does not make sense if it says both. It has to be one or the other. A court would need to look at all the facts to determine what the correct figure should be.

For now, keep paying the £200 and refer them to their email where you queried it (did you know at the time that the contract gave two different answers and expressly mention this in your email, or have you only just seen this?). The ball will be in their court what they do next. It's very difficult to evict someone even if they tried to terminate your contract - they'd have to go to court for your non-payment, and you'd have to argue that no, you didn't under pay because that was the correct amount.

Ah X-post.
Have just read what you say contract says and it clearly contradicts itself.
The rent is £200 per month to include electricity and water
^ bills included
but if it says later on
the rent is £200, water and elected £75, payable together at first of thee month
^ £275.00 due first of each month

They have made a mistake in the first sentence which should say £275 not the £200 stated. But later in same contract they do put this right.

Hmm. Did the estate agent's email confirm rent was £200, or rent incl bills was £200?

I really didn't realise it was 2 different things. I read it fast and must have assumed it was £200, £75 of which for the bills (hence the "payable together). I don"t remembet reacting to that line.

I never realised the amount was different. I just had a doubt and thought "was that what I paid for the first 6 months?". As I had to sign the contract fast, I sent an email to the estate agent instead of looking for the last contract. As she confirmed I signed and forgot about it.

The estate agent confirmed the rent but we didn't talk about the bills. As the bills are included in the rent I didn't think to ask.

It is just a misunderstanding. I should just change the contract and pay then?

electricity

As for serving notice, you have just come to the end of a six month lease (presumably an assured shorthold tenancy) which becomes a rolling contract from then on (periodic tenancy) unless you re-sign which you did...so theoretically LL cannot get you out before next May. Both of you have signed a contract that makes no sense, what does your LL say or do you have no direct contact?

I don't have any contact with the landlord. If the contract doesn't make sense, is it valid legally or is it like we didn't sign a contract?

I would be paying it (£275) having just paid the same the last six months, but only because it is clearly a typo and I would have realised the rent wasn't going to be reduced by £75 for no reason....but you had paid a lump sump previously so I can see why it might not have been apparent.
Anyone legal with thoughts?

I honestly don't know. (I am currently a tenant but I also rent out a property via a letting agent. I would be as a LL, that the contract contradicts itself. I am used to bills being separate though).

I would post again in Legal stating:
I have recently signed a new rental contract which stipulated rent was £amount including bills but later in the same contract mentions a different amount for bills on top.
Both parties have signed. Discrepancy between two figures noticed later. Where do I stand now?

Because the contract says both (included and paid as well as) it could be disputed but I think it would be a mistake to fight that alone.
What's important is what exactly was said in your email exchange with the prior to signing the contract, what exactly did they say about the amount?

Hi OP how much did you pay for the first six months?

The new contract doesn't make any sense!

Have the estate agents protected your deposit?