Agent gave Me The wrong contract

Chris_W_2

Hi,

First time post so please be kind.

I signed a tenancy agreement in November 2017 and had agreed with the agent that it would be 12 months with a break after 6. I am wanting to serve notice and invoke the break but they are telling me that its a 12 month fixed term.

I have checked the contract and they are correct however I know it was agreed as a 12 month with a break option. I went to see the local branch who said they had put a file note on there system to say a 12 month with a break had been agreed but when it was passed to the referencing team they didnt provide the correct contract.

I have spoken to the Area Manager of the business who says that they wrote to me and the landlord on the 9th October prior to me signing the contract and within this email its said We have been advised by the local office we are aiming to start the lease on 1st November 2017, with an initial 12 month tenancy at £500 pcm. You have declared no pets on this tenancy. Please advise if you wish to change any of these details. and as i didnt ask for any changes they have provided a 12 month fixed term contract.

When i signed the contract i trusted the agent that everything was correct so whilst i have initialed every page i didnt read it.

I have raised a formal complaint with the agent however they are saying that the file note regarding the term is superseded by the contract and therefore I am legally bound no matter what

The landlord has agreed to early release subject to the agent finding a new tenant but i cant afford to pay any more rent after the next payment which is due in about 3 weeks. I have a guarantor but dont want them to have to pay in May etc if I cant

Is the file note the agent has enough for me to be able to challenge the signed AST and do you think the Ombudsman would be able to help?

the landlord is conveniently saying he agreed to a fixed term and cant remember agreeing to the break clause

Thanks

Slithery

Chris_W wrote: »

When i signed the contract i trusted the agent that everything was correct so whilst i have initialed every page i didnt read it.

That's your problem.

If you signed contract that didn't have a break clause then you don't have a break clause. Sorry.

Cakeguts

Chris_W wrote: »

Hi,

First time post so please be kind.

I signed a tenancy agreement in November 2017 and had agreed with the agent that it would be 12 months with a break after 6. I am wanting to serve notice and invoke the break but they are telling me that its a 12 month fixed term.

I have checked the contract and they are correct however I know it was agreed as a 12 month with a break option. I went to see the local branch who said they had put a file note on there system to say a 12 month with a break had been agreed but when it was passed to the referencing team they didnt provide the correct contract.

I have spoken to the Area Manager of the business who says that they wrote to me and the landlord on the 9th October prior to me signing the contract and within this email its said We have been advised by the local office we are aiming to start the lease on 1st November 2017, with an initial 12 month tenancy at £500 pcm. You have declared no pets on this tenancy. Please advise if you wish to change any of these details. and as i didnt ask for any changes they have provided a 12 month fixed term contract.

When i signed the contract i trusted the agent that everything was correct so whilst i have initialed every page i didnt read it.

I have raised a formal complaint with the agent however they are saying that the file note regarding the term is superseded by the contract and therefore I am legally bound no matter what

The landlord has agreed to early release subject to the agent finding a new tenant but i cant afford to pay any more rent after the next payment which is due in about 3 weeks. I have a guarantor but dont want them to have to pay in May etc if I cant

Is the file note the agent has enough for me to be able to challenge the signed AST and do you think the Ombudsman would be able to help?

the landlord is conveniently saying he agreed to a fixed term and cant remember agreeing to the break clause

Thanks

The advice given is to read the tenancy agreement carefully before you sign it. The landlord probably can't remember if he agreed to a break clause but in any case he didn't draw up the agreement? Wasn't it done by the agents? You signed the agreement without checking that it had in it what you wanted. How can an ombudsman help with that?

davidmcn

Slithery wrote: »

That's your problem.

If you signed contract that didn't have a break clause then you don't have a break clause. Sorry.

It's not quite as straightforward as that. Errors in contracts can be rectified if they don't reflect what the parties had agreed in principle. Could be an uphill struggle though.

cooltt

davidmcn wrote: »

It's not quite as straightforward as that. Errors in contracts can be rectified if they don't reflect what the parties had agreed in principle. Could be an uphill struggle though.

Rubbish, it is as straight forward as that.

What was agreed in principle is in the contract and if it was not checked by either party prior to signatures, then that's just tough.

Please stop talking nonsense and giving false hope.

ViolaLass

On the plus side, you've learned (the hard way) to ALWAYS read contracts in full before you sign them.

steampowered

It is possible for additional contract terms to be agreed verbally. Even if they are not reflected in the contract.

If you can prove that a break clause was agreed, I do not think a court would have any difficulty adding that to the written terms. The courts do respect the clear, provable agreement reached between the parties even if something went a bit wrong with how the letting agent wrote that down.

Can you get a copy or photo of the file note? If so, I think you can be bullish about this. Serve a formal notice on your landlord indicating that you are relying on the agreed break clause.

If your landlord still insists on payment of rent, pay it for now so that he agrees to the surrender of your current lease. Afterwards, seek recovery of the difference and issue a small court claim if necessary.

steampowered

Chris_W wrote: »

I have raised a formal complaint with the agent however they are saying that the file note regarding the term is superseded by the contract and therefore I am legally bound no matter what

You could reply to the agent with a formal 'letter before action' indicating that you intend to bring a small claim against them in the county courts on the basis of negligence.

State that they owed a duty of care to ensure that the contract reflected the clear agreement between the parties, and that they will be held liable for any losses you suffer as result of their negligent failure to do this.

You might not win if you brought that claim in court, but such an approach might help push them into being a bit more helpful.

G_M

cooltt wrote: »

Rubbish, it is as straight forward as that.

What was agreed in principle is in the contract and if it was not checked by either party prior to signatures, then that's just tough.

Please stop talking nonsense and giving false hope.

David is absolutely right in law.

I'm afraid you are relying on 'common sense' or 'uninformed belief'.

Indeed, your own post highlights the issue:

"What was agreed in principle is not in the contract" according to the OP.

However as David also points out, proving it in court "Could be an uphill struggle though."