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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Dear Sir / Madam I am a student, and was going to be renting

Resolved Question:

Dear Sir / Madam
I am a student, and was going to be renting a room as part of a house share with 4 other students. Last year the property housed 5 people, and 2 of those are staying on for this year, with myself and 2 others moving in. The agent quoted the rent as £1400 (£280 pppcm). The agents are now saying (due to HMO licensing)* that there may only be 4 tenants renting, which means the rent will have to increase to £350pppcm to cover the overall cost.
This has left us in a difficult position and wasted a lot of time. The credit check money was taken from us on the grounds of the rent only being £280 for 5 people. They are offering to refund the credit check fee of £130 if we do not continue.
Can we legally hold them to the previously agreed rent of £280 or demand they get an HMO as they have misled us initially and were previously renting the house illegally (to 5 people with no HMO) for the last two years?
Thank you in advance for your help.
Hector
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.
tdlawyer :

Hi thanks for your question.

tdlawyer :

My name is***** can assist with this.

tdlawyer :

If the contract is with you and requires you to be let part of the house for a fixed sum of £280 or otherwise, then they can only require you to pay that sum, and you can hold them to that sum.

tdlawyer :

If they have failed to get their maths right for any reason, that's their problem.

tdlawyer :

Does this answer your question please? Is there anything else you would like to know?

Customer:

It sort of does, I am just waiting for two of the previous people to come back and let me know what it said on their contracts from last year. We have not been issued a contract yet, so I think we have a problem...

tdlawyer :

Okay, the written agreement would help, without a doubt, but an agreement orally is legally enforceable too. However, if there is a dispute about who said what, then this could come down to who the court believes.

Customer:

I have just found out. The previous tenants had contracts for £280 plus bills. The agent has emailed us to say that now it is for FOUR it will be £350. Would that help or can they just pull out and say hard luck, we are now only renting to 4 people as we have not signed any agreement. (PS: I don't get charged for each of these messages do I? )

tdlawyer :

If they're seeking a higher figure and will not allow you to move in at the agreed figure, then you can pull out and go somewhere else.

tdlawyer :

If this answers your question, please remember to rate the answer for me. Thank you!

tdlawyer :

Would you mind rating the answer please so the chat can end ? Thank you.

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