Landlord accepted my offer and then took next highest!

bob723

My first post here :-)

I live in a rented house. The landlord told us he was putting up the rent so we gave notice to him (2 months). Subsequently, we negotiated the rent down and he accepted our offer (confirmed by email).

It is now three weeks from the end of the tenancy and the landlord today has told us that he has been given a better offer on the rent and said that our original notice that we gave stands and he will be accepting the higher offer.

Would be much obliged if you could answer the following:

1. Do we have any legal right to stay given we agreed to continue the tenancy and agreed a new rent rate? Is he allowed to accept a higher offer?

2. We were not aware of any viewings that took place (certainly never let us know). Is this allowed?

We are in a tenancy agreement that last until July 2012 and have not signed a contract for the higher rent rate.

Help appreciated :j

pinkshoes

1. As you have a rental agreement until July 2012 and have not signed a new contract, then you can LEGALLY stay until this date. The LL will have to give the correct notice for you to move out too, so feel free to stay beyond this until he issues you with an eviction notice.

2. He is NOT permitted to show people round, nor even enter your property.

Salz

Surely he couldn't put the rent up anyway if you are in a fixed term contract?

G_M

The advice above looks correct, but I need to ask:

if your current contract is till July, on what basis did you give Notice, and why 2 months? Is there a break clause in your contract?

If what actually happened was you asked for, and were given, an agreement for 'Early Surrender) of your Fixed Term (till July), then the only way this could be legally binding would be by both you and the Landlord, with a witness, Executing a Deed of Early Surrender.

If on the other hand, you were implementing a 6 month Break Clause in a 12 month contract, that would be different.

bob723

Thank you so much for the replies :-)

The contract is 12 months long and has a 6 month break clause for either party. After this there is a 2 month notice period.

After 6 months, he has said he is putting up the rent so we said we are moving out and gave notice.
Subsequently he accepted a lower rent offer from us (all over email exchange).

He is now saying that he has had a better offer from someone else and our original notice that we gave applies.

Does any of the above change what's been advised? Thanks again :-)

pinkshoes

I'd just email him and tell him you won't be moving out, and you'll be staying until the end of your contract.

poppy10_2

What's the actual wording of the break clause?

DVardysShadow

bob723 wrote: »

Thank you so much for the replies :-)

The contract is 12 months long and has a 6 month break clause for either party. After this there is a 2 month notice period.

After 6 months, he has said he is putting up the rent so we said we are moving out and gave notice.
Subsequently he accepted a lower rent offer from us (all over email exchange).

He is now saying that he has had a better offer from someone else and our original notice that we gave applies.

Does any of the above change what's been advised? Thanks again :-)

Thanks for the clarification. At the point he accepted your lower offer, all prior notice becomes null and void. You have made plans based on his acceptance. He must start over again with giving you your notice. In your position, I would not tell him this immediately - I would give my own notice again if it suited me to move, or offer the explanation that having accepted the offer, notice needs to be given again only when pressed as to why you have not moved out.

But, beyond gaining more time to find somewhere else, you should not push this too far. It is plain enough that you have no long term future with this Landlord.

bob723

DVardysShadow wrote: »

Thanks for the clarification. At the point he accepted your lower offer, all prior notice becomes null and void. You have made plans based on his acceptance. He must start over again with giving you your notice. In your position, I would not tell him this immediately - I would give my own notice again if it suited me to move, or offer the explanation that having accepted the offer, notice needs to be given again only when pressed as to why you have not moved out.

But, beyond gaining more time to find somewhere else, you should not push this too far. It is plain enough that you have no long term future with this Landlord.

Agreed that I don't see a long term future with the landlord. It's a shame as we have lived here for 2 and a half years, rent on time etc and no real problems. We really like the place.

Thanks for the advice.

Assume we need to pay the higher rent amount that we agreed? It's an odd situation as we haven't signed a contract at the higer rate.

bob723

poppy10 wrote: »

What's the actual wording of the break clause?

It basically says that either party can give 2 months notice to break the contract. I don't have the contract off-hand unfortunately.

Thanks for your support :-)

G_M

bob723 wrote: »

The contract is 12 months long and has a 6 month break clause for either party. After this there is a 2 month notice period.

After 6 months, he has said he is putting up the rent so we said we are moving out and gave notice.

The rent cannot be increased until the fixed term (12 months) ends. That is the whole pont of a 12 month contract.

Write advising the LL you will now not be leaving until the end of your original contract.

Continue to pay the original rent.

The LL will have severa loptions:

* try to make you pay more rent. You refuse as you have a contract, he goes to court and loses
* try to evict you in line with your notice and the 6 month break clause - you've withdrawn the notice. He will lose.
* invoke the 6 month break clause himself and give you two months notice. This is possible depending on the exact wording of the clause. Can it be implemented at anu time after 6 months by either side? Or only AT the 6 month point?

I suggest you get out your tenancy agreement and post here the exact wording of the break clause.