Tenancy Agreement Renewal (Letting Agent Rent Mistake???)

si.bham.76

So I have been living in my flat since 1st June 2015 renewing my tenancy agreement every 6 months, on 1st December and 1st of June each year. The way it has normally gon is that agreement for 1st of December usually includes a small rent increase, +£5/month in 2015, +£15/month in 2016 and +10/month in 2017. on the whole, I'm now paying £30/month more than when I moved in.

I've just had the document through for me to sign to renew for another 6 months starting June 1st (2 copies, 1 for me to sign and keep and 1 to sign and send back, both have already been signed by my letting agent).

The agreement says:
"The tenancy shall be extended for a further 6 months from 1st June 1028 to 30th November 2018. The rent shall remain the same at £XXX.XX per month. All other and remaining terms and conditions of the Assured Shorthold Tenancy Agreement shall remain in full force and effect for the duration of the further fixed term tenancy"

The only thing is the amount that this says is £45/less than what I am paying now (£15/month less than when I first moved in 3 years ago). So the amount is wrong but also the wording of "the rent shall remain the same at"

Obviously, my letting agent has made a mistake here, so I'm looking for some advice. Should I let them know that I think they have got the agreement wrong on their end, or if I just sign the paperwork, send it back to them and amend my standing order accordingly ready for June 1st I'd be able to get away with it (sounding like a Scooby Doo villain)? The extra money in my pocket each month would be a big help.

mrginge

Will the £270 you potentially save through this error cover the costs of moving when they evict you six months later?

Pixie5740

How much are the letting agent charging for signing a new fixed term every 6 months?

buggy_boy

You may get away with a small gain but I bet they up the rent after the 6 months to make up for any lost rent plus some... Better to question the letting agent..

G_M

The legal position is moot. There are 2 relevant legal issues:

Generally where a contract is contradictory ie

* "The rent shall remain the same" Vs
* "£XXX.XX per month"

the courts generally interpret in favour of the party who did not draw the contract up (in this case you).

However where there is a clear administrative error and the intention is clear, then a court would likely interpret the contract as it was intended.

In this case I suspect the intention was to keep the rent unchanged, and the amount quoted was an error.

So much for the law. What about diplomacy, tactics, andd maintaining your relationship? Paying the reduced amount, and then arguing over the contract, is not going to endear you to your landlord or lettting agent. This may well be against your long-term interests.

I would speak to them to clarify. However if that results in a new, higher rent being suggested, i'd stick firm.

As asked by pxie above, do you get charged for the contract renewal every 6 months? If so, that is probably a bigger isssue to address!

si.bham.76

I decided to contact the letting agent to clarify how much they are expecting from me, they agreed it was an admin error and are sending out new documents with the correct amount on it. (p.s. there is no fee with my agent for re-signing the agreement).

Thanks for all of your help.