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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to pay the rent agreed?

64 replies

Bunnyhipsdontliegrl · 11/05/2017 11:52

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

OP posts:
Bunnyhipsdontliegrl · 11/05/2017 14:34

Yes my depoait is protected, it is written in my contract

I just checked and I paid £275 (well the equivalent) for the first 6 months.)

OP posts:
Beerwench · 11/05/2017 14:42

"The rent is £200 (fake rent amount) per month to include electricity and water"
I would read this as water and electricity included
A bit further

" The rent is £200 per month and water and electricity £75 payable together on the first day of each month"
I would read that as the rent is £200, bills £75 on top of the £200 - total to pay - £275

To read them together indicates a mistake in one or other statement, which you queried with the EA via email. What exactly does the email say? If you asked is the rent £200 and they confirmed the rent is £200, then unfortunately I think you have to pay the £75 on top because you've only asked about the rent, not the total payable each month, IYSWIM?
However if you asked about the total payable by you each month and they confirmed £200, then I don't think they can force you to pay the extra £75 on top as they've made 2 mistakes, one in the contract itself (even though the correct amount is in further on) then one confirming the total amount payable.
I'd get some legal advice on it though.

Bunnyhipsdontliegrl · 11/05/2017 14:44

I think you are rigjt. I asked about the rent only.

OP posts:
Hissy · 11/05/2017 14:49

If you have paid £275 previously, then the right thing to do would be to pay the same and get them to re-issue a corrected agreement.

if they were trying to sneak something in, then I'd tell you to say go whistle, but they wanted to keep it all the same, therefore it seems sensible to do so

PumpkinPiloter · 11/05/2017 14:50

Whilst I agree that legally they can not force you to pay the extra amount.

If you think the £275 figure seems reasonable I would pay it especially if you want to be there longer than 6 months to a year.

You may end up paying for it on the end if they decide to try and claw back some money from your deposit for some reason or another.

Bunnyhipsdontliegrl · 11/05/2017 14:51

Yes I will pay, it seems like it was an honest mistake

OP posts:
Beerwench · 11/05/2017 14:52

It's still a bit rubbish of the EA IMO OP, because they have made a mistake, and because of that you have misinterpreted the contract. You said you were in a rush when you emailed them to clarify the amount, and so probably put rent when you meant full amount payable. I think possibly they could have put that yes, the rent is £200 but the bills are £75 in addition to that so total payable is £275.
I often make up invoices for people and always make everything really clear to avoid confusion and add 'total payable' under the breakdown or with any queries.
I don't think they've been particularly professional, or efficient so I wouldn't be using them again, but I appreciate you might not have a choice.

innagazing · 11/05/2017 15:11

So, you have a contradictory new tenancy agreement that states that bills are included and that bills are not included! You have already lived there for six months and paid for bills as an addition, so you are fully aware of what it should be.

It's clearly a mistake on the tenancy agreement and in these circumstances, i can't see you winning any legal case in your favour

Just save yourself the hassle and see this for what it was- a mistake by the estate agent- and pay what you have already been paying for the next year.

Dizzywizz · 12/05/2017 12:46

You've both signed - as they have counter signed they do not have a chance if it went to court. Agree they are trying to get you to pay for their mistake, which As a property manager I do feel for the person responsible as I myself recently made a mistake on a contract, however it isn't not your problem to worry about!

If the landlord is annoyed they will have to sort that with the agent. Re can they serve you notice It depends if there is a break clause or if it is fixed. Check if there is a deed of variation in the contract. Otherwise as you planning on leaving at the end anyway I wouldn't worry.

No they can't claim this from your deposit. If they even try then raise a dispute and they will not win.

Dizzywizz · 12/05/2017 12:51

Oh dear I didn't refresh before I posted, I was still on page 1!

The latest answers make it clear it is a mistake, yes I would continue paying the rent As it was before plus £75 bills, and ask for a corrected contract.

slownsteady · 12/05/2017 17:58

My dad is a letting agent and I relayed your thread to him. The contract itself isn't legally binding due to the contradiction, but the clarification via email IS legally binding, so you would be fine to not pay the extra £75.

PeanutButterBunny · 12/05/2017 19:51

Why would you think you'd get a 75 pound discount? I think its dishonest not to pay the same as the previous 6 months. If I were your landlord I'd be quite angry to have to pay for your water and electricity. Not all landlorda are rolling in it, many like ourselves have mortgages to pay!

specialsubject · 12/05/2017 19:56

England /Wales - op, have you read your how to rent guide? Doesn't refer to this particular issue but will explain about notice on both sides.

yoursforthetalking · 12/05/2017 23:53

Post in Legal and don't drip feed. Include (anonymised) extract of the two conflicting sentences in your contract and the exact wording of the email exchange with you and the agent.

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