Student tenancy inclusive of bills - landlord says was in error

saajan_12

Kevling said:

We’ve had a response from the agent saying that they informed them both on a viewing, and by email (copy included), that bills were not included in the rent.

Which I suspect puts us on much less solid ground…

But they still the agent still issued a contract saying they were included. 

I’m guessing we need to suck it up and get paying 🤣

Well what does the email actually say - please quote? Do you have (or can the kids pull) a copy of the cached advert? 

Basically if it was clearly established between all parties that it was X, and then the written contract says Y without any obvious re-negotiation, then there's an argument that Y was a typo and the meeting of the minds was based on X. However that's not clear cut, so I wouldn't just get paying without checking further. 

Albermarle

I would think that if the contract was signed by both parties, then you/your son is on stronger ground than the agent/LL.
It could be that in this situation, some kind of compromise may be the way forward.
So some bills included but not all.. Or bills not included but rent reduced.

theartfullodger

Agreed, if contract is clear then that's it! 

That agent or landlord made mistake with the contract paperwork that's their problem, not tenants.

(Will anyone want a reference from landlord or agent??)

Section62

Kevling said:

Will send the following for now, keep it civil, but will save the threats of solicitors and/or legal advice for any follow up if required.

Dear AGENT

Re: ADDRESS

I would like to lodge a formal complaint about the above tenancy agreement.

Yesterday, our internet was cut off, and when querying it, we were advised that the tenancy agreement should not have stated that bills were included.

The tenancy agreement (copy attached) clearly states that “subject to clause 4.7 rent is inclusive or reasonable costs of gas, electricity, water and internet”, therefore it is the landlord’s obligation to continue to provide these services.

Please can you arrange for the internet to be restored within the next 7 days.

Best regards 

What does clause 4.7 say?

Does the agreement give any guidance on the meaning of "reasonable"?

Is there anything in the agreement about errors and omissions?

FlorayG

The contract takes precedence over the email. A contract is a contract, you read it carefully before you sign it. If the LL didn't read his own contract that's his problem. If you went to law that's what a judge would say

HobgoblinBT

OP, you/your son may be able to get free advice from his University’s accommodation officer.  They are likely to have a good knowledge of the local student rental market and as such might hold some influence with local landlords and letting agents.

sew_what

How did they find the landlord - private ad or through an agency/university? In my daughter's uni town landlord are vetted by the uni and belong to an accreditation scheme
Are they paying an amount that's inline with other rentals that include bills?
I'd say a contract is a contract & they'd struggle to fight it.

theartfullodger

Make sure your complaint and service of it complies with agent's complaints process.  

Then , if they don't sort it, you can take it to the letting agent redress scheme....

https://england.shelter.org.uk/housing_advice/private_renting/letting_agent_redress_schemes

We all make mistakes, when these clowns do  don't they have the ::::: to acknowledge the mistake and cough up?  

Section62

FlorayG said:

The contract takes precedence over the email. A contract is a contract, you read it carefully before you sign it. If the LL didn't read his own contract that's his problem. If you went to law that's what a judge would say

Not necessarily.

The law allows for the possibility of errors when drawing up a contract and a judge might give relief to a party to a contract if an error was made and it was manifestly unfair for the other party to take advantage of that error.

If it came to law, the intent of each party would be considered by the judge - and therefore an email setting out the proposed terms/specifics of the contract may be a consideration in establishing intent. (saajan_12 addressed this already - the exact wording of the email [chain] needs to be seen)

A judge will also consider whether the parties were/are acting in good faith - if there is a chain of correspondence which makes it clear that both parties had the same understanding (the 'meeting of minds'), but one is now relying on an error in the contract to gain advantage, then the judge may be less understanding towards their position.

The party drafting the contract is at a disadvantage when it comes to errors, especially if they have the resources to get the contract right ('big' vs 'small'), which would probably tip the needle in favour of the OP.  However, it isn't as clear cut as some people are suggesting - contract law isn't always straightforward and binary.

youth_leader

Did you sign anything as a guarantor @Kevling?