Letting agents made mistake on contract..

The_Palmist

Karma all over !

Just when I was beginning to think the worst of LA's, this post comes along and now I am left wondering that there is an even proportion of unethical tenants and LA's so the universe works itself out again in the end.

If you knew about the rent increase and agreed to it then you should pay, by all means delay it as much as you can and make the LA sweat a bit but you should pay up. Regarding extortionate fees: as long as you knew about them before signing up then you should put up with them.

You mention a few times that the LA haven't been very nice to you....did you bother informing the LL earlier ? If not then why now ? I think your only concern is to make some money out of all this.

I have never been the one to support LA but what you are planning is wrong. It was a human error, if the agent was negligent they would have never spotted this error.

Don't pay the increase for first month if you want.

paddy's_mum

mayfair1985 wrote: »

i'm afraid my sympathies don't sit with the LA.

Nor do mine but the expression "in good faith" has come up at least twice during this thread and I think that's the heart of the matter, legal niceties and he-said-she-said notwithstanding.

jhxmt

Personally, in your letter to your landlord (when you get the address), I would:

a) Explain that the LA has issued an incorrect contract, and that you're puzzled what their fee was for if not for proofreading and correcting it

b) That you don't wish to go against a written, signed contract as it could cause problems (either for you, or for the landlord) further down the line

c) That as a result of the above, you will continue to make payments at the old rental rate, but that you will be placing the additional £60 per month to one side and, once you're in receipt of a correct signed contract, you will be happy to hand this over to the landlord then.

To my mind, this shows the landlord that you're acting in good faith, you're happy to pay the rent increase that you both agreed on, and that their letting agent is incompetent. You're not (permanently) withholding money from the landlord, you're simply not making a payment that isn't backed up in the contract.

It should also mean that the landlord comes down on the LA like a ton of bricks and hurries them to get a correct contract issued, as you'll be holding on to an extra £60 for each month they delay.

But I've no legal or landlording background, so I have absolutely no idea as to the legality or otherwise of this approach.

elvis86

Just a quick update on this, for anyone who is interested.

Having spoken to the LA manager today, it turns out that they have accepted liability for their error and are not going to pursue us for the additional rent.:D

I think my letter requesting the LL's address must've put the wind up them, as the manager was very keen to discuss this when she telephoned, and was falling over herself to help with any issues I might have (a first, in 3 years of dealing with these LAs), in order to avoid me bothering the LL. Just a shame you have to resort to such lengths, really.:cool:

She has just sent me a follow-up email, confirming that our rent will remain the same for the duration of our tenancy. She has stated that without knowing a reason for my request for the LL's details, he will not authorise her to provide them. Am I right in thinking that legally, neither one of them can withold this information from me?

auroan

Correct. As a landlord and under the Landlord & Tenant Act 1985 Section 1 he has no right to anonymity. He gave that up by being a landlord.

theartfullodger

Correct, they have to give name & address -but as I. Understand it only council can prosecute them.

Maybe spend £4 with land registry & see if that gives owners address???

elvis86

auroan wrote: »

Correct. As a landlord and under the Landlord & Tenant Act 1985 Section 1 he has no right to anonymity. He gave that up by being a landlord.

theartfullodger wrote: »

Correct, they have to give name & address -but as I. Understand it only council can prosecute them.

Maybe spend £4 with land registry & see if that gives owners address???

Thanks both, I sent an email back reiterating that they're obliged to provide the information, and that "Of course, you will know, that failure to do so could lead to prosecution...". See if that prompts them to act.

I'm not so fussed about having the LL's address in relation to the contract issue any more, but would be good to have for future reference, and it's the principle. A so-called "professional" LA thinking they can flout the law - it's disgusting.

elvis86

elvis86 wrote: »

Thanks both, I sent an email back reiterating that they're obliged to provide the information, and that "Of course, you will know, that failure to do so could lead to prosecution...". See if that prompts them to act.

My LAs have failed to provide my landlord's details, as requested in my letter of 26/07/2011. They have exceeded the 21 day timescale cited in the Landlord and Tenant Act 1985. I just emailed them a reminder, but I'm wondering what my next step is if they refuse to provide the information?

may_fair

S.34 LTA1985 says that "Proceedings for an offence under any provision of this Act may be brought by a local housing authority". So, I guess you would contact the council.

silvercar

You say you are planning to move out in a few months, but this dispute is as a result of signing a new contract. Is this a 6 month contract or 12 months? Is there a break clause?