Estate agents won't let us move out

Kamertis · 20 May 2018 at 7:28AM

Hi there,
I though I need to ask for advice as we're in quite tricky situation with BairstowEves agency:
Back in December we have changed the contract as one tenant left and the other came. Lettings manager sent us contract after referencing was finished with a new contract finishing June 2018 and asked us all to come and sign it. We went there within next few days after work and signed it, the other agent was there and pointed us to sign spaces as they were closing. Apparently the agreement they gave us was till September 2018. We only noticed that in next few weeks and sent email to both manager and that agent saying that there is an error in the agreement.
I have received an email from agent saying it has been sorted, the correct date is June 2018.
And now almost a month until that day I have spoken to landlady and it looks that they haven't told her. So now they're saying that contract we sign is a legal binding and we should stay till September. We have paid all the deposits towards new property and we think that estate agents made mistake and are trying to cover it in our expense.
Should we seek a legal advice or something, it's quite a nervous weekend as we're on holidays and only coming back Tuesday.
Thanks in advance!

MobileSaver · 20 May 2018 at 8:32AM

Kamertis wrote: »

Apparently the agreement they gave us was till September 2018. We only noticed that in next few weeks and sent email to both manager and that agent saying that there is an error in the agreement.
I have received an email from agent saying it has been sorted, the correct date is June 2018.

[STRIKE]You obviously have to accept some responsibility for signing the agreement without checking the dates and so I would suggest you pay the landlady "under protest" for the extra three months and ahead of time ask the estate agent to reimburse you.

Ask the EA nicely first, then send a Letter Before Action if they do not agree and if still no joy issue a claim in the Small Claims court. In the past I have found that once they realise they could be liable for additional costs such as court fees, litigant in person costs and interest they quickly pay up; from what you have said you have a very strong case based on the EA admitting their error in an email.

You can easily do all this yourself and do not need a solicitor; people on here can help with wording if you need it.[/STRIKE]

For some reason I had it in my head that the EA was an independent third party but of course on reflection they are not; they are an agent of the landlady and therefore what they say is binding on the LL (if they mess up then that is between them and the LL and is not your problem.)

I would reiterate in writing to both the LL and the EA that the agreement was for the tenancy to expire in June and you will be leaving in June. That due to an error on their part the signed contract had an incorrect date of September but that the EA has already confirmed that this was an error and would be corrected. Should they wish to pursue this further then you will counter claim for court fees, litigant in person costs and interest.

FBaby · 20 May 2018 at 8:38AM

I have received an email from agent saying it has been sorted, the correct date is June 2018

When was that and how was it worded? Did they attach a new contract with the amended dates to be signed? Any official addendum, or was it just a one line in the email?

Did you chase a new contract afterwards?

theartfullodger · 20 May 2018 at 8:42AM

Nope: You can move out any time you like, this afternoon @ 13:27 if you like.

But you may remain liable for rent to end of your agreed contract.

Negotiate directly with landlord:

MobileSaver · 20 May 2018 at 9:42AM

FBaby wrote: »

how was it worded? Did they attach a new contract with the amended dates to be signed? Any official addendum? Did you chase a new contract afterwards?

While those things would undoubtedly make the OP's case even stronger, the lack of them wouldn't weaken the OP. The OP is a consumer and the EA is a professional business; the law puts a much greater burden on the latter in disputes of this kind, the OP isn't expected to know that the contract should have been redone but the EA should have known.

theartfullodger wrote: »

But you may remain liable for rent to end of your agreed contract.

The agreed contract was until June... a typo on a piece of paper, confirmed to be a mistake by the EA, doesn't change that the agreement was until June...

Kamertis · 20 May 2018 at 10:10AM

It was December when a manager emailed me a contact ending June, I still have agreement ending June in my emails. I would never expext the length to be different from the one received days ago. When I reported the error I cc'ed manager too, so she was aware about the error and should have known that other agent's reply assured me it has been changed.
It is a first property me and my wife are renting and never chased the contract after his email. Any suggestion of who to speak to,maybe a solicitor or CAB as we won't be able to afford paying for two properties anyway? Thanks for all the replies so far, appreciate it.

theartfullodger · 20 May 2018 at 10:31AM

Can we just be clear: Is this a "joint & several" AST (One tenancy agreement, all tenants named) or is this individual tenancies for each occupant?

As long as all tenants (one or several..) named on a tenancy agreement leave by end of contract, no notice at all need be given: Although it would be polite to inform landlord/agent.

[Deleted User] · 20 May 2018 at 10:37AM

The problem is you signed without reading it.., and now its very debatable as to whether its legally binding. Its a contract and you signed it, regardless of any errors it contains. You are going to have to try and negotiate with your LL. It will be expensive to go to court with no certainty as to the result.

G_M · 20 May 2018 at 10:42AM

Kamertis wrote: »

It was December when a manager emailed me a contact ending June, I still have agreement ending June in my emails. I would never expext the length to be different from the one received days ago. When I reported the error I cc'ed manager too, so she was aware about the error and should have known that other agent's reply assured me it has been changed.
It is a first property me and my wife are renting and never chased the contract after his email. Any suggestion of who to speak to,maybe a solicitor or CAB as we won't be able to afford paying for two properties anyway? Thanks for all the replies so far, appreciate it.

Please be more clear:

* did the manager send this email (saying June) before or after you signed the contract (saying Septeember)?
* what exactly does the email say? Please quote here the exact words.

da_rule · 20 May 2018 at 10:47AM

As it appears that you have correspondence, dated after the date of the contract, showing that the expiry of the term is June rather than September I would argue that you have a valid variation to the contract.

This means that regardless of whether September was intended to be expiry of the term or not, the agents (on behalf of the landlord in accordance with the laws of agency) have agreed to vary it to June.

Whether they did this without their clients consent is an issue for them.

dunroving · 20 May 2018 at 11:21AM

da_rule wrote: »

As it appears that you have correspondence, dated after the date of the contract, showing that the expiry of the term is June rather than September I would argue that you have a valid variation to the contract.

This means that regardless of whether September was intended to be expiry of the term or not, the agents (on behalf of the landlord in accordance with the laws of agency) have agreed to vary it to June.

Whether they did this without their clients consent is an issue for them.

Presumably, there would also need to be some written confirmation that the tenant accepted the variation? Even potentially a signed copy of the variation?

Otherwise, the LL could argue that they (LL) assumed they (tenant) had changed their minds again, and were happy with what they had signed originally. People ask for things in the house buying/renting/selling arena and then change their minds all the time.

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Estate agents won't let us move out

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