Putting up rent after signing contract? Please read

grifferz

dandy-candy wrote: »

Agents emailed today and said there was a mistake and it should be the lower price

Really sounds like the agent was trying it on in the hope that you'd go "oh, okay" and pay it. Maybe even without letting the landlord know.

G_M

dandy-candy wrote: »

They are due to move in on sept 2nd, and it is a 12 month rental.
May seem pedantc, but guest101 asked "When does their tenancy actually start?" not when they were due to move in. Different.

They have paid £396 in just agents fees (£99 each),
This does not create a contract
and the landlord is due to take their deposit and first months rent next Monday (19th aug) by DD.
If LL takes rent by DD, then clearly a contract has been formed. But see below!
DS was due to go into bank and arrange DD today
Do you mean Standing Order? Direct Debit is set up by LL, not tenant.
but I don't think he should. It's all being done by e-contracts so they don't know if landlord has signed
Tenant is being asked to sign a paper contract. That is not an e-contract. Tenant should ask for a copy signed by LL, or his agent, in return.
but I don't think they should pay any money unless they have proof he has.
Good advice
Agents emailed today and said there was a mistake and it should be the lower price but they still have to redo a new contract, is this because original one will now be void?
No. I cannot explain why a new one at same rent is needed unless some other term is changing.
Lots of things we need to ask agents but the whole thing is leaving a bad taste. They're worried they will move in and have some dodgy landlord.
I'm afraid that is possible even if everything goes smoothly! Who will be 'managing' the tenancy? Agency or landlord?
If they need the new contract signed will the one they signed two months ago be not legal now?
If they sign a new one, it will superceed the old one.
Are they safe to look elsewhere?
Yes. They will lose the £396, but if they are asked to sign a new contract they can decline and go elsewhere.
If they go ahead should they have a solicitor check the contract first before signing again?

The important thing is to understand the contract. If they need a solicitor to help them understand, then yes. But frankly anyone educated/literate enough to go to university should be able to understand the terms in a standard tenancy contract, provided they take the time to read it carefully.

The landlord may be fine(notdodgy). As grifferz says, it sounds more like a dodgy agent!

dandy-candy

Getting really worried now.
Turns out son and friends have paid a deposit.
He emailed the agent asking if landlord has signed the contract that he previously signed, and could she email him a scanned copy. She replied saying the contract was sent in error, no one signe and the rent was still £90 each a week.
He tried ringing but got no reply so I wrote:

My son has contacted you today about a contract you sent to him and then later withdrew. There seems to be a misunderstanding about his question to you in the email.
Please can you confirm that the contract Jake signed on April 2nd 2013 for a rental of £360/w has also been signed by the landlord, and can you please email either Jake or myself a scanned copy of the contract showing the landlords signature.
If the landlord has not yet signed it please can you explain why not, and tell us when the landlord will be signing it.

I got a reply back saying:

As stated to Jake earlier, the contract was sent in error. As it has not been signed by any of the tenants, it is not a valid contract and would be legally seen as little more than a draft. As we work on behalf of the landlord (which is a company), we have already sent written confirmation via email to Jake assuring them that the rent as and will remain at £90 per week per tenant for the full duration of their tenancy.

At first I thought she had just misunderstood Jakes email, now I feel she is being evasive. I have written again clearly pointing out my letter is referring to the contract signed 2nd of April.

The tenancy starts 2nd Sept, not moving in date. They did give us a Direct Debit form to fill in, no mention of standing order, and first payment must be made by debit/credit card or bank transfer.

Please advise what to do next.

fart

dandy-candy wrote: »

Getting really worried now.
Turns out son and friends have paid a deposit.
He emailed the agent asking if landlord has signed the contract that he previously signed, and could she email him a scanned copy. She replied saying the contract was sent in error, no one signe and the rent was still £90 each a week.

So they're getting the property at the originally agreed price. What's the problem?

Don't set up any payments until you've got it confirmed in writing that it's now a legally binding contract, signed by both parties and at the agreed sum.

Just sounds like they were trying it on for extra money.

The last time i rented as a student we got our witnesses and guarantors, signed the contracts together and then kept a copy each. We then set up payments by DD to the landlord each month.

Guest101

Well until you have a signed tenancy agreement, signed by or on behalf of the landlord, ie since its a company, you'd expect a property manager or similar to sign.

I would contact LL direct if you have details.

DaftyDuck

I rent out property to students, although I do so through a University-run lettings agency that is run with utter efficiency and is scrupulously honest.

There are several commercial operations in the same town that supply a similar service. To be honest, they are utterly chaotic at this time of year, with huge numbers of temporary staff (many half-literate students themselves ), properties coming on and off the market for no apparent reason, students swapping accommodations between themselves, and pretty much any combination of exam/emotional/visa crises that you can imagine.

Much of the rest of the year, they cope with one bod in a quiet office between 11am and 1 pm, reading Hello magazine!

Frankly, this does just sound like a mistake - I doubt it's even the agency trying it on. They probably got two properties confused... shouldn't happen, but does. You've plenty of written correspondence (email, admittedly, and not good ol' fashioned ink on paper) confirming.

Just make sure you keep copies of everything, but stop worrying. Well, about housing. There's plenty else to concern yourself, with 4 boys in one house... Mmmmm the memories come flooding back... well, most are obliterated by alcohol, but I do remember bits... or were they just my imagination... mmmmmm

dandy-candy

They didn't reply yesterday, but today I got a copy throughout and there's a line saying "signed by (letting agent company name) ltd for and on behalf of the landlord" and they have just signed the line with the name of letting agent rather than an individual persons name. Is that still ok and legally binding?
Thanks for any advice on this.