Rental Agreement Question

MercMan

Easy one I hope. Is a Rental Agreement a legally binding document?

theartfullodger

Only if it is drawn up correctly, correctly signed (and for some witnessed.. ) and occupation takes place...

So.. blank agreement from Smiths?? Binds nobody...

Agreement from Smiths signed by prospective tenant? Arguably might bind tenant to deliver the rent money...

Agreement from Smiths signed by tenant & LL(or LL's rep - lA) - keys handed over - a contract, but if T never takes up occupation T canNOT sue for being, eg evicted...

Agreement from Smiths signed by tenant & LL(or LL's rep - lA) - keys handed over, T moves in & takes up occupation as his principle & private residence - a contract, binding, but T can sue for being, eg evicted..., harrassed, not having things fixed,

Tenancies for longer than 3 years and 7 years are special cases...

Why do you ask?? (There's gorra be an interesting one behind the question...)

Cheers!

Lodger

PS And even if signed some clauses may be invalid: EG If a signed AST says "tenant must give 2 months notice & allow LL & agent to visit house at all hours of the day & night".. these conditions are invalid as statute/common law says 1 month notice for T & 24hr written notice from LL for any visits (except emergencies) but even this won't hold if T writes and says no.

PPS No more easy ones, please....

PPPS A verbal agreement is equally valid, just harder to prove what was agreed: So a rental agreement doesn't even have to be a document.

MercMan

Hi Lodger

Indeed there is a reason for my question. My LL has informed me he is going to increase my rent next month by up to £30 pcm but in the agreement it states that there shall be no rent increase for 364 days (next May in my case) and then only by the RPI. The agreement is signed by both of us and witnessed. Should I just keep paying the agreed rent and ignore the demands for an increased rent?

theartfullodger

What a twit of a LL!

Yes, kindly thank him for his suggestion and refer him to the clause in his(&your) tenancy agreement: he should note word agreement.

Funnily enough isn't RPI in some circumstances negative anyway???

Might be worth refering him/you to

http://www.landlordzone.co.uk/FAQ/pdf/96.pdf#search=%22increase%22

&
http://england.shelter.org.uk/get_advice/paying_for_a_home/rent_and_rent_increases/private_tenancies

You can of course agree between you to the rent changing regardless of what the law & the tenancy says.

Might be worth adding to your letter back to him that you propose the rent reduces by £30pcm from next month. If he thinks he has the power to ignore the tenancy then he presumably must think you do to...

He's probably just jealous of your merc... Are any other car makes named after small girls??

Cheers!

Lodger

MercMan

Thanks Lodger. Will mention it to him.

I actually drive a Ford (I'll never be able to afford a Merc!) but I work for Mercedes-Benz. BTW Mercedes was Benz's first saleswoman in the 1900s. She did so well that Herr Benz added her name to the company. And a legend was born.

theartfullodger

I thought the story was...

An Austrian diplomat based in Nice, a business man running a profitable business selling cars, and a racing enthusiast, Jellinek had been racing DMG automobiles under the pseudonym Mercedès, after his daughter, Mercedès Jellinek.[1] Later he contracted with DMG for a small series of dedicated sports cars containing an engine that officially bore his daughter's name. He raced them very successfully, gaining recognition that increased interest in customers and Jellinek was placed on the board of directors of DMG. This model was a significant advancement in the history of automobiles. The model was released for sale in 1901 under the name of Mercedes 35 hp and, because of the success of the model, DMG began to apply the name as a series to other models such as, Mercedes 8/11 hp and Mercedes 40 hp Simplex. Jellinek seems to have become obsessed with the name and even had his name changed to Jellinek-Mercedes.

(see

http://en.wikipedia.org/wiki/Mercedes_(car)
)

Here's the lass herself///
http://en.wikipedia.org/wiki/Merc%C3%A9d%C3%A8s_Jellinek

Cheers!

Lodger

MercMan

Indeed you are correct, my mistake. If you want to know more about the history you can find here at the Merc company website:

http://www.emercedesbenz.com/Apr08/17_001109_The_History_Behind_The_Mercedes_Benz_Brand_And_The_Three_Pointed_Star.html

BTW I have a 6 month tenancy in the first instance which expires on the 15th November, its from then on that the rent will be increased. We have verbally agreed that I can stay on. A clause in the agreement states that if the tenancy is extended then the rent will not be increased until May 2010.