Letting agents made mistake on contract..

elvis86

Our letting agents (who are crap) made a mistake on our new contract when we recently renewed our tenancy. They forgot to add a rent increase that the landlord wanted to impose (so basically charged us a £60 renenwal fee for photocopying last year's contract).

Now they've realised as the first month's rent has been paid (at the original rate, the rate stated in our new tenancy agreement), and they're demanding we pay the additional money. They have acknowledged that there was a "typo" in the contract, but are still demanding we pay rent at the higher rate.

I'm sticking to my guns and repeatedly reiterating that we are adhering to the contract they prepared and signed. My view is that they screwed up, and they should reimburse the landlord the £X a month he is losing due to their incompetence. We have repeatedly been the victims of their tardyness, so it's nice that this !!!!-up benefits us!

I was just looking for some advice as to how I proceed with this?

My only fear is that they don't tell the landlord the full story, make out like we're accruing rent arrears, and begin proceedings to give us 2 months notice (under our break clause). However, I understand that they're legally obliged to provide me with my landlord's address, so in this case I plan to write to him and explain the situation, querying why he should lose good tenants due to the LA's incompetence. Good plan?

IronWolf

If its in the contract then they can't do anything. But they will probably evict you at the earliest opportunity, even if the LL knows it's the LA's fault

elvis86

IronWolf wrote: »

If its in the contract then they can't do anything. But they will probably evict you at the earliest opportunity, even if the LL knows it's the LA's fault

Do you think? I can't think why it would be in the landlord's interests to evict good tenants and have to find new ones, just because the letting agents made a mistake?

If I was him, I'd be demanding that the letting agents reimburse him the lost rent. He pays them for a service and they screwed up.

DVardysShadow

Did you basically know about the rent increase and agree to it before signing?

• If you didn't, then the contract should stand, but to protect your position, I suggest that you write to the Landlord, not the agent, explaining what happened and offering to negotiate from the end of this contract
• If you did, then there is more of an obligation to cooperate in putting matters right. Personally, in the situation, I would agree to sign a new contract and charge a cancellation and renewal fee to the agent at least equal to the fee they charged. And I would not sign until I had their cheque in my hand.

MacMickster

elvis86 wrote: »

Do you think? I can't think why it would be in the landlord's interests to evict good tenants and have to find new ones, just because the letting agents made a mistake?

If I was him, I'd be demanding that the letting agents reimburse him the lost rent. He pays them for a service and they screwed up.

But you as tenants have not exactly shown good faith.

What would your response be if due to a typo you had signed a contract with an extra "0" on the end of the monthly rent and your landlord then tried to enforce that?

Tiddlywinks

Why did you sign the contract when you knew the rent figure quoted was incorrect? I bet you wouldn't have signed if it had shown a much higher figure than that expected.

It was human error and I think you are using it as an excuse to make life difficult for the agent - well, if you refuse to pay the higher amount (which you knew about prior to the contract) look forward to an invitation to leave.

elvis86

MacMickster wrote: »

But you as tenants have not exactly shown good faith.

What would your response be if due to a typo you had signed a contract with an extra "0" on the end of the monthly rent and your landlord then tried to enforce that?

The LA themselves posed this question to me. My response was that I wouldn't sign a contract without reading it (especially not a contract with them!). They have been paid a £60 renewal fee by myself, AND they are paid by the landlord to manage his property, and yet they still couldn't be bothered to check the paperwork they were preparing and signing on his behalf.

They've been an absolute nightmare to deal with for 3 years, we only stay because the property suits us, I see this as payback for the countless telephone calls/emails/mornings off work waiting for tradesman who never turn up and it turns out were never told to.

I don't see why I should pay up, and equally I don't see why the landlord should be out of pocket. Their mistake, they should reimburse him, surely?

MacMickster

So you thoroughly read the contract, noticed the error and signed it quickly without bringing the error to anyone's attention?

If the property suits you I would do as DVS suggested or you will find yourselves looking for another property as soon as the landlord is able to give you notice.

elvis86

MacMickster wrote: »

So you thoroughly read the contract, noticed the error and signed it quickly without bringing the error to anyone's attention?

If the property suits you I would do as DVS suggested or you will find yourselves looking for another property as soon as the landlord is able to give you notice.

So as a landlord, you would evict tenants who have always paid their rent on time and caused you no trouble, rather than take a LA to account for their incompetence? Odd.

Perhaps you're right, and a compromise whereby we are at least refunded these renewal charges (which the LA has no right to charge, especially when their renewal administration obviously consists of photocopying a document and not bothering to read it) but agree to sign a new contract.

I guess I'll wait to hear from them. I did think that I may have gotten a bit more encouragement from others who have found themselves at the mercy of incompetent LAs and would relish an opportunity to ensure that their incompentence disadvantaged them for once!:D

Tiddlywinks

elvis86 wrote: »

So as a landlord, you would evict tenants who have always paid their rent on time and caused you no trouble, rather than take a LA to account for their incompetence? Odd.

No, but I would be very concerned about a tenant who signed a contract knowing it have an incorrect rent figure just to prove a point and to get out of a rent increase.

The tenant's bolshy approach would lead me to decide that I would be better to end the business relationship before the tenant started to direct his nastiness my way!

elvis86 wrote: »

I did think that I may have gotten a bit more encouragement from others who have found themselves at the mercy of incompetent LAs and would relish an opportunity to ensure that their incompentence disadvantaged them for once!:D

I'd encourage you to grow up!

pinkshoes

elvis86 wrote: »

So as a landlord, you would evict tenants who have always paid their rent on time and caused you no trouble, rather than take a LA to account for their incompetence? Odd.

You're only quoting your good bits!

The LA may have been incompetent, but the LL now has tenants who took advantage of the useless LA and are refusing to pay the increase in rent that he wanted.

By all means carry on paying at the previous rent, but at the end of your tenancy, I will put money on you either being given notice to move out, or next years increase will be double to make up for not paying this year.

ps - I'm not a LL, but rented for a long time, and would only refuse to pay the rent increase if I intended to move out at the end of the contract.