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If you go to court, don't say this as this won't go in your favour. They didn't force you to sign nor stop you from reading the paper. They might have rushed you, but that's not the same. You had to option to take it, go to a cafe next door, read it all, and you would then have picked up the error. This is what IS expected to happen. The fact that it rarely does in practice doesn't mean that you were a victim and that it's not your fault you signed something wrong.except that September one they didn't let me read and I wasn't aware it's being changed without my consent.
On this basis, I think the court would express some sympathy but not agree with you. The manager has acknowledge that the staff made an error, so no point in proving it. What they are holding on is that mistake or not, you chose not to read the papers you were legally signing and that is your own fault and no-one else.
I personally expect that they will keep your deposit for none payment of rent, and wouldn't be surprised if the agency then made a deal with the LL for the other month rather than take the step to take you to court, but that's of course a complete supposition.0 -
I see your point, but it was just 5minutes before they closed and yes, you are probably right saying I could have taken it home and read carefully.
But the email explaining them about the error was sent to both manager and negotiator in January ,so why they didn't say it was an error, but assured June is the correct date.0 -
Exactly - I have no doubt what was intended by the OP and what has happened but as you say, proving it without great time and expense is the problem. Refuting a signed contract is very difficult.
Disputing a term on a signed contract is not difficult at all. In fact it is very simple where sufficient evidence exists.
This is no different to any other contractual dispute, so the issue of there being a signature on it is not really that relevant.0 -
If you go to court, don't say this as this won't go in your favour. They didn't force you to sign nor stop you from reading the paper. They might have rushed you, but that's not the same. You had to option to take it, go to a cafe next door, read it all, and you would then have picked up the error. This is what IS expected to happen. The fact that it rarely does in practice doesn't mean that you were a victim and that it's not your fault you signed something wrong.
On this basis, I think the court would express some sympathy but not agree with you. The manager has acknowledge that the staff made an error, so no point in proving it. What they are holding on is that mistake or not, you chose not to read the papers you were legally signing and that is your own fault and no-one else.
I personally expect that they will keep your deposit for none payment of rent, and wouldn't be surprised if the agency then made a deal with the LL for the other month rather than take the step to take you to court, but that's of course a complete supposition.
What you personally expect does not accord with case law on this subject. The OP was sent a draft contract dated June. They were then invited to the office to sign the document. They had a reasonable expectation that it was the same document with the June date and signed it in good faith. When the error was spotted they reported it, and the EA agreed a mistake was made in the drafting and agreed to sort it. This is all evidenced by emails that the OP has.
The EA is just bluffing about legal action in the hope that the OP will just fold and accept paying until Sept and dig them out of a hole. The OP should continue to act in accordance with the agreed contract and move out in June, claim the deposit and inform the council.
I doubt once it's done that the EA will follow through on their threats of legal action, as the first legally trained person to look at the case will tell them they haven't got a chance given the evidence that the OP holds.
The agreed contract is not always what is written down, as typos happen. A tenancy agreed at £1000 a month does not become binding at £10.00 a month because a typo slipped in contrary to the clear intent of both parties.0 -
Nobbie and Mrginge your comments definitely help me built confidence in our case. Thanks for it as it keeps us positive!0
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Afternoon guys,
Just a quick update:
I left the property on 15th and gave keys on 16th but to somebody else in the office.
Wrote a formal request letter for a deposit, but received the same story back. Although even before my email the property was on rightmove and later in the day they called asking for a security code of the alarm system.
Looks that they might try to re-rent, any suggestions regarding my deposit? I think I should contact deposit protection scheme after 10 days if money hasn't been returned?
Thanks!0 -
Afternoon guys,
Looks that they might try to re-rent, any suggestions regarding my deposit? I think I should contact deposit protection scheme after 10 days if money hasn't been returned?
Thanks!
Yup, if they don't change their minds then proceed with the deposit scheme.
useful links
G_M's deposit guide:
https://forums.moneysavingexpert.com/showpost.php?p=67759912&postcount=3
How to find where your deposits protected:
http://england.shelter.org.uk/housing_advice/tenancy_deposits/check_if_your_tenancy_deposit_is_protected*Assuming you're in England or Wales.0 -
Good Evening again...,
So I raised the dispute within the deposit protection scheme, but as I can understand the landlord/agency can refuse to use their resolution services.
The last thing is Court action,but is there anything else as I don't think I could recover my legal costs.
Regards0 -
You can do small claims court on your own, you won't need legal costs.
Just make sure you go down the correct procedure and exhaust the DPS process firstChanging the world, one sarcastic comment at a time.0 -
and even if you lose you cannot be charged for the other side's legal costs (as small claims are supposed to be done without lawyers)You can do small claims court on your own, you won't need legal costs.
Just make sure you go down the correct procedure and exhaust the DPS process first0
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