Variations of leases and other property rights are supposed to be in writing too, but all sorts of ways have developed in the law to get around people playing games, and one of those is part performance. In a competent court, the fact that you paid $550 would be enough to lay the groundwork for acceptance of the variation. If the landlord gives an invoice for $550, the court might find that was sufficient for the purposes of "writing" when coupled with your payment.
In essence, the law asks why are you paying $550 if you haven't agreed to it?
What I was basically saying was don't make yourself a test case where the court is liable to be against you....and that would be great advice for courts where you are liable for costs and have to have a lawyer represent you. But, having thought about it....this is the tenancy tribunal, and there may be very little if any downside to having a go.
In essence, the law asks why are you paying $550 if you haven't agreed to it?
What I was basically saying was don't make yourself a test case where the court is liable to be against you....and that would be great advice for courts where you are liable for costs and have to have a lawyer represent you. But, having thought about it....this is the tenancy tribunal, and there may be very little if any downside to having a go.
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