Advice on rental contract

[Mrsmancmonkey]

Ok, so what should she say to the lettings agents then if they get funny as she's starting to worry specially with CAB/Shelter telling her that they correct?

[Steve__M]

Could it be she has misinterpreted the advice?

 

Eg. if the question is "Is it possible to agree to a contract over the phone?", the answer is often "Yes".

 

But if the question is "They say I've agreed to a contract over the phone, but I don't think I have - can they charge me?" then the answer must be "Only if they can prove that you have agreed to the contract".

 

Going back one step though, has your friend got the original contract? Does it mention anything in the contract about £300 fees for renewal?

[MrShed]

Steve - this isnt £300 for renewal.

 

What they are saying is that the OPs friend has contracted for a new fixed term, and therefore the £300 is the actual cost due to breach of contract.

 

No contract was agreed simple as.

[Just4Let]

how about this

 

(a) she hadnt given a months notice in August for the end of Sept 08 that they can assume the right to do another rolling 6 month contract.

 

Absolute codswollop!!!!! Because the fixed term ended in September 08 means your friend doesn't need to give a months/any notice at all. She could have just left in September. Don't accept this as a reason. Quote me if you like, it's correct.

 

(b) and that they have called up to confirm that it was acceptable to sign her up for another 6 months and she has said yes (verbal)

As Mr Shed and I have already pointed out, this may be the only sticking point. My question regarding the date of the phone call may be pertinent in this point, (can't seem to see a response but I may have skipped it by browsing the new posts quickly)

© and that she is still living there in October which is now into the next period of the rental so in theory its a rolling month.

she is now in a periodic tenancy, absolutely correct, but that's all it is a one month tenancy.

The more I read the posts and the opinions I'm starting to see where Mr Shed is coming from insomuch as if the contracts were sent but not signed then really the contract hasn't actually been formalised apart from a verbal agreement.

Ibntersting one this.

Keep us updated.

(Gotta add in here, CAB are not very good when it comes to housing law, neither are shelter although to be fair to them they do seem to have a little more knowledge that the CAB)

The above comment is only my own opinion gathered from experience, so please don't sue me both!!

 

 

 

 

[MrShed]

I agree - my experience is that unfortunately CAB in particular are woeful with their housing law. I am frankly amazed at either or both organisations stating point A though - that is catastrophically wrong!!!

[Mrsmancmonkey]

Thanks for that information. I will go back to her see what she she wants to do.

 

I'll keep you posted.

[Aequitas]

The agent is getting confused here (and isn't that a surprise!).

 

Either there is a contract or there is not. If there is they ought to arguing that the tenant is bound by it and not just looking out for their own fees.

 

It is impossible to to say if there is a contract without knowing exactly how the conversation went. If it went:

 

Agent: Do you agree to take on a new tenancy for six months at a rent of £x per month and otherwise on the same terms and conditions as your existing tenancy?

 

Tenant: Yes.

 

Agent: Super. I'll send you an agreement setting out what we have agreed. Please sign it and send it back so that we have a written record.

 

Then there is clearly a contract.

 

Anything less than that and there has to be doubt and an argument that there was no intention to be bound until the agreement had been signed by both parties.