Agent changing terms and conditions without consent

[deniselmanning]

Hi all,

I am a landlord and my AST agreement ia bout to end with my tenant.

In my signed 'Letting Terms of Business', there is the following statement:

I/We accept the Guide to Landlords containing "Terms, Conditions & Definitions" document, which can be access at <estate agents website URL> sets out the best practice and this contract will be actioned in accordance with it. I/We understand that the best practices elecments are subject to change without notification.

The terms and conditions have changed considerably this year and I was not notified. Can the letting agent get away with this? Surely, the letting agent can put anything in the terms, Conditions and Definitions document?

Any help would be gratefully received.

Denise

[jeffrey]

A cannot change T&C unilaterally. This is just the type of behaviour that landed Credit Card companies in trouble with OFT.
If A wants to change T&C, it should notify customers (inc. you) in advance and set out what changes are proposed. It should give a timescale (e.g. one month):
a. within which customer can reject changes and terminate contract; or
b. after which the changes will otherwise take effect.

[deniselmanning]

Thank you so much! As a result of your email, I took at look at the OEA Codes of Practice. Sure enough, section 3m clearly lists:

'Any changes to the Terms and Conditions must be:
Mutually agreed by you and your client.
Promptly confirmed in writing
Where appropriate, contained in a New Terms of Business signed and dated by your client.'

After quoting this to the Estate Agent, they have completely backed down (on this issue anyway) :)

[jeffrey]

Thank you so much! As a result of your email, I took at look at the OEA Codes of Practice. Sure enough, section 3m clearly lists:

'Any changes to the Terms and Conditions must be:
Mutually agreed by you and your client.
Promptly confirmed in writing
Where appropriate, contained in a New Terms of Business signed and dated by your client.'

After quoting this to the Estate Agent, they have completely backed down (on this issue anyway) :)
Well done on standing up to these villains!

[Paul_f]

Have got to agree entirely!

[Sportingdad]

I think it's a bit harsh calling them villains, all kinds of businesses change there terms....some without recourse

http://www.landlordzone.co.uk/forums/showthread.php?t=11171

[jeffrey]

I think it's a bit harsh calling them villains, all kinds of businesses change there terms....some without recourse

http://www.landlordzone.co.uk/forums/showthread.php?t=11171
The link is to a thread re more changes on HIPS- but, even though HMG may be considered villains in some peoples' eyes, the relevance to the present thread is a bit obscure!