Mistakes in the tenancy agreement

[m2double]

I recently signed a tenancy agreement and paid the associated costs. Unfortunately for everyone concerned the PM contacted me to tell me there was an error in the rental price we agreed on (and signed). And now the PM is asking to change the agreement and increase the rent before we move in.

If you were the owner of this property (or tenant) what would you do?

[Maccachic]

If I was the owner I would want the price increased, if I was the tennant I would would stick with my contract

[Leftette]

Depends on the amount of discrepancy. If you say "get stuffed" as you are entitled to do, expect a negative relationship that'll be hard to fix. Also expect (best case) a rent review as soon as legally allowed (and an increase more than LL would normally plump for), and worst-case, a notice to leave just after you've moved in (with all those associated costs). It really depends on the numbers and the pig-headedness of you and the LL.

[m2double]

Here's how I see it.
1. I agree to pay an increase in rent, however there's nothing to stop the LL from increasing the rent again or ending the tenancy. So basically I've paid extra to show good faith in the relationship, but risk leaving myself open to be taken advantage of.
2. I stay with the contract. This causes the owner and PM to treat me as a bad tenant and terminate my lease immediately. After 90 days I have to move out again.

I've experienced too many dodgy people in RE to blindly trust that I'll always be treated fairly, in saying that I certainly don't want to be someone who goes around ripping off others for personal gain. That's why I'm asking what would you do. Kick the tenant out and get your rent increase, or wait and take the loss?

The rent increase is from 480 to 550.

[Maccachic]

Wow that is a big jump? Do you really want the house maybe agree to terminate the contract and find somewhere else.

[grip]

The rent increase is from 480 to 550.

The PM must be inept to get it wrong by $70/wk

LLs also don't want the hassle of mucking around and having you out of the property would also incur costs. I think the LL is more upset with the PM than with you. I suggest you negotiate for a midpoint if indeed what you're paying is substantially below market rent.
Or just find another property now if this is beyond your budget, and you don't want to start off the relationship with all this negativity, plus potentially having to move again in 3 months.

[SleepyTiger]

just sounds dodgy.....FOUR Eighty and FIVE Fifty. My english sux and i still wouldn't get that wrong. they might have done it so they can attract tenants and once you on the boat they change the price pretending it's a mistake -- possible??


I would negoitate. they stuffed up , regardless intented or not, you signed the agreement based on the information they given, otherwise you would have picked "the other" flat that was 500/wk.
they are wasting your time and energy by given you the wrong information, but to show good faith you would pay say 500. they come back say 515, you say okay.

or just look for another one bud !

[SleepyTiger]

just look at this way. If you pay $550 can you get another house that 's in way better condition than this current one? If the answer is yes then just walk the F out. your rent would be 550 sooner or later for this current one if you stay.

[Keys]

Pay the $550. Keep the original signed tenancy agreement. Take the PM to the TT for the extra $70 per week for the total time you are in the tenancy in 11 months. Got yourself a wee savings scheme.

[SleepyTiger]

Pay the $550. Keep the original signed tenancy agreement. Take the PM to the TT for the extra $70 per week for the total time you are in the tenancy in 11 months. Got yourself a wee savings scheme.

LOL cunning !!!!!!!!!!

but what if they ask you to resign tenancy?

[grip]

Pay the $550. Keep the original signed tenancy agreement. Take the PM to the TT for the extra $70 per week for the total time you are in the tenancy in 11 months. Got yourself a wee savings scheme.

Great idea. Wonder if TT will buy this.

Also assumes the PM is stupid enough to not update the agreement.

[Ivan McIntosh]

That is a really bad idea. You will be taken as having agreed to vary the tenancy agreement, having confirmed that agreement by paying $550, and thereby find yourself "estopped" from claiming the tenancy agreement is really for $480. The PM will also confirm you verbally accepted there had been a mistake and that the tenancy agreement was varied. You won't win.

At least....you wouldn't win in any competent court. The Tenancy Tribunal, however.....

[Keys]

That is a really bad idea.

Read Section 11 (3)

You should know by now, Ivan, that I don't spout off without something to back me up.

It means absolutely nothing that they sign a second tenancy agreement. The first one holds the legal conditions.

[grip]

13BVariations and renewals of tenancy agreements

• (1)Every variation of a tenancy agreement, and every renewal of a tenancy agreement, shall be in writing and signed by both the landlord and the tenant.
  
  (2)The landlord shall, before the date on which the variation or renewal of the tenancy is to take effect, provide the tenant with a copy of the variation or renewal.
  

Is a verbal acceptance even possible? Interested to know your thoughts Ivan.

[Ivan McIntosh]

Section 11(3) Any purported waiver by a tenant of any right or power conferred upon tenants by this Act shall be of no effect.

Keys, I don't think it's a right or power conferred by the Act.

However, I fully concede that the Tenancy Tribunal can sometimes seem to feel itself empowered to do anything at all....hence the last para in my previous post.