Dodgy Landlord: Please someone help me asap. I have until 9am tomorrow.

Sleepless_in_London

Hi there,

I recently found what I thought to be a good rental in London.

I negotiated with the rep from the landlord's agency and was told what was included, how much the rent per calendar month would be.

Before I paid a holding fee (two weeks' rent) I asked to see the contract I would be signing before I went ahead.

So I was happy. I paid the holding fee, and then I went into their office to sign the hardcopies and pick up the keys last week.

When I went to the office I could see that the landlord had signed both hardcopies and so I went through every page, signing as I went along and initialling.

When I got to the second hardcopy, towards the end, I noticed the contract was different and so I studied it more clearly and realised that the last two pages weren't the same, e.g. the rent was a few pounds more, and it included several more clauses and terms that were not in the hardcopy on top.

Basically, the hardcopy that was on top was the contract I had asked to see before I paid the holding fee, but the one underneath was a different contract altogether.

It seemed as though the agency was trying to scam me by cheating me into thinking that I was signing two contracts that were the same. So I would go home with the one I thought I was going to sign, yet they would have my signature agreeing to different terms in the second copy they would keep.

Obviously, I brought it to their attention, they apologised and blamed it on a colleague who prepared the agreement and who was ''out of the office".

I left the office telling them that I wasn't going to sign the second contract, but I left with the contract on top (the one I was happy to sign) which has the landlord's signature on it, so it's a binding contract to me.

Or is it?

The next day I had calls from the agency frantically explaining that the signed contract I took home was incorrect and that I had to go into the agency to sign a new contract.

I think it is unfair to lure me into a contract giving me certain terms to agree to and then after a contract has been signed, be informed that it was wrong, that a mistake has been made and that I must sign a new one.

I have been told that if I do not sign the new contract then it means I am acquiescing the contract and that the property will have to go on the market again.

I find all of this slightly unjust because I have already signed a contract that has also been signed by the landlord and the agency handed over the keys last week AND I have already moved my things into the property.

Does the agency/landlord have a right to end the tenancy at this stage?

I suppose the landlord could serve me a Section 21, but would I be entitled to my deposit?

Can someone knowledgeable in land law shed some light on this matter, thank you.

Sleepless

G_M

The LL has signed a contract. If you too sign it, it will be binding.

Clearly those are the terms the LL signed up to.

Well spotted by the way!

If I were you, I would sign the copy you have (which I understand you are happy with), and photocopy it.

Put it safely away out of harms way, and take the photocopy in to the agent. Tell them you are happy with the contract as signed by both parties, and "for your convenience here is a copy for your files".

What is the start date of the tenancy on the contract? You say you have the keys, and have already moved things in, so the tenancy has already started? Irrespective of signed contracts, a tenancy therefore exists already, even if it was verbal. But as you have a dual signed written contract there is no issue.

How long is the contract? A 6 month fixed term? 12 months? You cannot be asked to leave before the 6 (12?) months are up.

A S21 makes no difference at this stage - it can only take effect after the (6/12 month) fixed term ends.

And if you have paid a security deposit, but it has not yet been registered (AND you've been given the 'prescribed information') the a S21 would be invalid.

jjlandlord

Tell them that you'd be happy to agree to their request to get out of the signed contract on the condition that all you have paid so far be refunded to you.

Edit: (I should read posts till the end)

and the agency handed over the keys last week AND I have already moved my things into the property.

So tenancy has begun.
You could ignore them, or do the above if you wishes to try and call it quits.

FilthyLuka

i have no knowledge in this area .....

surely the landlord has signed up to the contract so is bound by it

i'm sure that he would bind you if you had signed the other contract.

It may not be the LL's fault but a 'trick' by the agent?

As you have the keys and moved in then I assume that the contract has started? what was the start date?

most AST's are a minimum of 6 months so should be ok til then but be prepared that is all you may get.

marliepanda

If you are IN the property with a doubly signed tenancy agreement then the Agents are high and dry.

They shouldnt have let you into the property if they were not happy.

You are only bound by the contract you have currently signed. If you are not happy with the new contract, do not sign it. Your LL cannot issue a s21 to get you out before the fixed term you have already signed up for (either 6 months, or a year maybe?)

May I ask what these additional clauses are that are not on the copy you have signed?

FireWyrm

And what the difference in price...just curious....

Sleepless_in_London

Thank you for all your replies. Much appreciated.

The problem is that the owner of the agency is also my landlord so I feel I don't have much bargaining power. While I could and would like to wave the copy of the contract the landlord and I signed last week in their face I feel that it'll only provoke the landlord to end the tenancy. And even if you argue that he cannot, he has a family member living in the house (in which I have rented a self-contained studio) and so you can just see all the potential problems that could arise.

I don't have a hardcopy of the contract, only a copy. Last week, when I pointed out the discrepancy, two agents in their office were quite cagey and were quick to snatch the contracts while giving me a copy (yes, I wasn't thinking at the time).

The new contract with the increased rent is only slightly higher and it is only because they have taken the weekly rent, divided it by 7 to produce a daily rent, multiplied it by 365 to find the annual rent and then have divided it by 12 to leave the per calendar month rent! How unconventional! They argue that it's the proper way to do it, however every place I have rented in the past twelve years has always multiplied the weekly rental by 52 and then divided it by twelve. Oh well... I am not arguing this point as it is only by several pounds. And I can see that their way produces a more accurate figure. The interesting thing is that the agent who I dealt with in the beginning has since left. He DID use the conventional calculation to find the per calendar month rental and that is what was in my existing tenancy agreement that they now just wish to ignore, while have me sign a new one.

What I have an issue with is how I agreed to enter into this contract on specified terms and now they seem to have changed. As I have paid my deposit, a month's rent already, picked up the keys AND have moved in, I feel I have been painted into a corner and therefore wish to know if there is any kind of recourse for me in this position.

The rental, at first sight, is a bargain (let's see!). It includes all bills and it a 2-min walk from the tube station which is great, so in some ways I don't want to be looking a -- well, what might not be now -- gift horse in the mouth. Nor do I want to go through all the hassle of moving again.

It would be nice if you still see any discrepancies/spot any scams here/can offer any sound advice.

Also, the most important thing is that I do not wish to have entered into and be bound by TWO separate and existing tenancy agreements. Does this make sense?

Do I need to have the agency rip up the previous existing tenancy agreement in front of me in person before I sign the new contract? What is the best way?

Again, can anyone help?

Thank you.

G_M wrote: »

The LL has signed a contract. If you too sign it, it will be binding.

Clearly those are the terms the LL signed up to.

Well spotted by the way!

If I were you, I would sign the copy you have (which I understand you are happy with), and photocopy it.

Put it safely away out of harms way, and take the photocopy in to the agent. Tell them you are happy with the contract as signed by both parties, and "for your convenience here is a copy for your files".

What is the start date of the tenancy on the contract? You say you have the keys, and have already moved things in, so the tenancy has already started? Irrespective of signed contracts, a tenancy therefore exists already, even if it was verbal. But as you have a dual signed written contract there is no issue.

How long is the contract? A 6 month fixed term? 12 months? You cannot be asked to leave before the 6 (12?) months are up.

A S21 makes no difference at this stage - it can only take effect after the (6/12 month) fixed term ends.

And if you have paid a security deposit, but it has not yet been registered (AND you've been given the 'prescribed information') the a S21 would be invalid.

Loopgames

This is all over a couple of quid per month!? I am not sure why that is important to either party to b honest or have i missed something, is there something else in there new contract that you disagree with apart from the rent calculation?

Sleepless_in_London

Loopgames,

I can see you didn't read my posts properly, but thanks for the reply.

BitterAndTwisted

There aren't two separate contracts: only the one which you have signed and retained. To be honest, if the only difference between the two, and you don't have a copy of the one you haven't signed to double-check, is how they arrived at the rent payable, I suspect you may be fretting about very little indeed.

At the moment, the only party who has been painted into a corner is the one without a dual-signed copy of the contract.

dt3887

BitterAndTwisted wrote: »

There aren't two separate contracts: only the one which you have signed and retained. To be honest, if the only difference between the two, and you don't have a copy of the one you haven't signed to double-check, is how they arrived at the rent payable, I suspect you may be fretting about very little indeed.

and it included several more clauses and terms that were not in the hardcopy on top.

so not just about how they arrived at the rent payable.

out of curiosity, what are the other clauses and terms?