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abidxxx
01-03-2007, 14:30 PM
About two weeks ago I signed an assured tenancy agreement and paid 1 months rent and deposit and took occupation of the property.
I was told by the agent that the landlady would sign the agreement also and a copy sent to me.
Two weeks later I was hand delivered a new tenancy agreement and told the one I had signed was 'lost in the post' and could I sign the new one. The problem is that the new contract is different to the one I originally signed.

It has an extra clause that states that I will replace the old beds that I asked the landlady to remove from the property, when I vacate.

The agency denies the agreement has been modifed but has retained no copies of my signed agreement, and says that I must have 'missed' this section.

I asked for a word document of the agreement to check the last modified date, the last modified date has been modified since I signed it, but sneakily the agency modified the first page with todays date, so I can't tell if there have been modifications in between, as MS Word only records 'last' modified date (unless you have track changes switched on).

The position now is that I have no signed tenancy agreement, the agency has threatened that unless I sign the new contract the landlady may serve me 4 weeks notice.

Since I am not in rent arrears , I am an exclusive occupier, the keys were handed over to me willingly and the water rates and council tax are on my name, I told them they would find it hard to enforce a notice to quit by getting an eviction order. Should I stick to my guns and insist the extra clause be taken out and risk a court battle, or sign the modified contract.

Also the landlady failed to remove items that we agreed to be removed upon my occupation (including cabinets and chairs), it has now been 14 days, can I charge her storage or remove the items myself.


Many Thanks for any advice.

P.Pilcher
01-03-2007, 14:51 PM
I would say that you have six months security of tenure before your landlady can apply for court action to remove you, provided you continue to pay your rent (which the landlady/agent cannot refuse to accept). Do not sign the revised document until you are happy with it's contents. Ask the landlady/agent what they would like you to do with the items that they promised to remove because they are in your way. If they insist that you keep them in the property, then you can start negociating for a rent reduction.

The landlady/agent is making it more difficult than it need to be to remove you as she claims to have no signed AST agreement. She must give you at least 2 months notice to leave the property and this cannot be less than six months after you moved in. She cannot use the "accelerated procedure" to get you out she must request a court hearing.
When she discovers this she may become more amenable.

P.P.

Paragon
01-03-2007, 15:17 PM
When did you ask for the beds to be removed? If you asked before you signed the contract, then they should have sent you a new contract then and told you not to sign the first one.

If you asked after signing the contract, then maybe you should sign the new contract.

lorenzo
01-03-2007, 15:21 PM
Why do these hassles begin with the most petty circumstances?

LL is being exceptionally bloody minded and LA.... well the mind boggles, really!