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Do we need a new contract?

30 replies

StuntGirl · 23/10/2012 13:23

Have been living in our current rental property for just over 18 months. We initially signed a 6 month contract and at the end if that the landlord asked us if we'd like to stay and so we went on a rolling contract from there on out. No new contracts were signed.

The landlord has recently contacted us to inform us she's increasing the rent and we will start a new 6 month fixed term contract. Obviously it's another bill hike we could do without but it's a reasonable(ish) increase so fair enough. We agreed and asked for a new contract, but she has said she thinks we should just do it by mutual agreement and no new contracts should be required.

I think if it's a change to the terms on the contract, and pretty important ones at that, that we need to sign a new contract. We've asked twice now and both times she's said she doesn't think we need it. She's been a bit off in the way she's approached it so far, we're not sure why, and while we don't want to cause an issue with her I'm not happy about paying extra and being tied in to a further 6 months without a contract.

AIBU?

OP posts:
StuntGirl · 23/10/2012 16:45

I see the contract as "getting me" something in writing, and I see that as worth having. That's why I think I need it. If we agree to this with no contract what's to stop her saying we actually agreed a different rental rate, or something? A contract would mean security on both sides, surely?

I really, honestly don't know if what she's offered is just The Way Things Are Done and nobody else would question it. If it is and I'm unreasonable to consider otherwise I'll happily go along with it.

I just find it odd to agree to changes in a contract without having those changes spelt out...in a contract. I didn't mind the rolling contract when all terms stayed the same. Now they're changing it seems obvious to me that we should sign something new? But I am willing to be told I'm wrong if that's the case.

My aibu was actually does this situation need a new contract, yes or no. Not really the ins and outs of why I want one. If I want one but it's not a situation where you would get one then I will concede and just get on with it. But I really don't know, which is why I asked.

OP posts:
FredFredGeorge · 23/10/2012 16:58

If you want it done properly, have her serve you a section 13 notice - that's the correct way to handle a rent increase in your situation (In England and Wales). It doesn't need a new contract, shouldn't cost anyone anything (neither should the new contract of course unless the landlord has to pay an agent) and it's quick and simple - and means she cannot put the rent up again for 12 months.

With your suggestion of a 6 month contract, she could put the rent up again in 6, however you wouldn't gain the guarantee of 6 months, just the current 2+anniversary.

NewKateMumsnet · 23/10/2012 17:17

Hello everyone,

Just to let you know, we'll be moving this thead to Property soon.

cumfy · 23/10/2012 20:56

OP you're being evicted.Grin

StuntGirl · 24/10/2012 11:20

It took me a minute to get that cumfy Grin

After all this she replied to my email yesterday with "Yes that's fine I'll send you one. Would you like 6 months or 12 months?" Hmm

I have yet to respond as needed to wait to speak to my partner who doesn't finish work til late and am now at work myself and because I haven't replied yet she's sent me an email going "Haven't heard from you despite my email, here's a 12 month contract" What did she do in the days before email when you had to wait longer than 12 hours for replies?

OP posts:
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