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Rent on lease less than what was agreed

  • 31-07-2020 10:46pm
    #1
    Potsy84
    Registered Users Posts: 45 ✭


    I'm looking for a bit of advice. Recently moved into rented accommodation in a large complex managed by a letting company. The letting agent we dealt with was a bit all over the place for a few different reasons but bottom line is they sent us a lease with rent stated E170 less than what we agreed to. We figured we would just sign it as is and see what happens. Anyway, lease was signed by an agent on behalf of landlord and sent back to us. My question is .....should we pay the (higher) rent we verbally agreed to or the (E170 lower) rent stated on the signed lease? I might mention that a car parking space was verbally agreed to be included in the rent and but lease states car parking is separate.


Comments

  • #2
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Potsy84 wrote: »
    I'm looking for a bit of advice. Recently moved into rented accommodation in a large complex managed by a letting company. The letting agent we dealt with was a bit all over the place for a few different reasons but bottom line is they sent us a lease with rent stated E170 less than what we agreed to. We figured we would just sign it as is and see what happens. Anyway, lease was signed by an agent on behalf of landlord and sent back to us. My question is .....should we pay the (higher) rent we verbally agreed to or the (E170 lower) rent stated on the signed lease? I might mention that a car parking space was verbally agreed to be included in the rent and but lease states car parking is separate.

    I would assume that's your 170 difference right there.

    Pay the lower amount and inquire about the parking


  • #3
    listermint
    Registered Users Posts: 33,610 ✭✭✭✭listermint


    You may have to pay parking portion direct to a parking company that could explain the difference in pricing


  • #4
    Potsy84
    Registered Users Posts: 45 ✭Potsy84


    Just after we moved in we went to the management office to check at about the parking. The manager (different person to the letting agent we dealt with) asked if we were renting a space or if it was included in rent so we said that we agreed with letting agent that it it was included . So he filled in the form, put a line through the section that said E100 fee for parking, I signed and be gave us the permit.

    I might also mention....during the whole letting process the letting agent actually sent us 2 leases. We asked her to adjust the first one because it had the wrong move in date. The rent stated on that first one was what we agreed verbally and also said that parking was included. Anyway, she changed the date and but actually sent us a different lease - with rent decreased by E170 and no mention of parking.


  • #5
    Claw Hammer
    Registered Users Posts: 6,160 ✭✭✭Claw Hammer


    When she realises her mistake she can ask you to change it to the originally agreed amount.


  • #6
    Lenar3556
    Registered Users Posts: 1,350 ✭✭✭Lenar3556


    Potsy84 wrote: »
    Just after we moved in we went to the management office to check at about the parking. The manager (different person to the letting agent we dealt with) asked if we were renting a space or if it was included in rent so we said that we agreed with letting agent that it it was included . So he filled in the form, put a line through the section that said E100 fee for parking, I signed and be gave us the permit.

    I might also mention....during the whole letting process the letting agent actually sent us 2 leases. We asked her to adjust the first one because it had the wrong move in date. The rent stated on that first one was what we agreed verbally and also said that parking was included. Anyway, she changed the date and but actually sent us a different lease - with rent decreased by E170 and no mention of parking.

    Is the higher amount documented anywhere or was it verbal? Do you need the car parking?
    What duration is the lease for?


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  • #7
    Potsy84
    Registered Users Posts: 45 ✭Potsy84


    Thanks for the replies. Lease is for 12 months, though we plan to buy if the right house comes along, so may consider breaking it before 12 months is up. The higher rent was actually documented - in an earlier email. We definitely do need the car parking space. Obvs no big deal if we have to pay higher rent as that is what we agreed to but I just question paying it when lease has been signed for lower amount, especially considering the landlord is a large company as opposed to a private landlord which makes me think the mistake may actually go unnoticed.


  • #8
    Potsy84
    Registered Users Posts: 45 ✭Potsy84


    Claw Hammer wrote: »
    When she realises her mistake she can ask you to change it to the originally agreed amount.

    I presume that would mean the landlord would technically have to break the current lease and ask us to sign a new one?


  • #9
    [Deleted User]
    Posts: 0 ✭✭✭ [Deleted User]


    Potsy84 wrote: »
    I presume that would mean the landlord would technically have to break the current lease and ask us to sign a new one?

    Not really. There was a unilateral mistake. Landlord sent the wrong price and you knew the contract didn’t reflect the terms so can sue you for the shortfall and have the contract amended to reflect the true agreement.

    Or you could just pay what you agreed to pay and not try to pull a fast one on your landlord who presumably agreed the price in good faith.


  • #10
    Pkiernan
    Registered Users Posts: 4,315 ✭✭✭Pkiernan


    Potsy84 wrote: »
    Thanks for the replies. Lease is for 12 months, though we plan to buy if the right house comes along, so may consider breaking it before 12 months is up..

    Will you pay the full term if you break the lease?


  • #11
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Pkiernan wrote: »
    Will you pay the full term if you break the lease?

    Why would they? LL is under a duty to mitigate her loss and the rental sector isn't that bad, yet!


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  • #12
    Pkiernan
    Registered Users Posts: 4,315 ✭✭✭Pkiernan


    Samuel T. Cogley wrote: »
    Why would they? LL is under a duty to mitigate her loss and the rental sector isn't that bad, yet!

    Thing called decency, and living up to a contract.

    I know not normal in Ireland...


  • #13
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Pkiernan wrote: »
    Thing called decency, and living up to a contract.

    I know not normal in Ireland...

    As long as both parties are whole I don't see the issue. The OP should cover any voids and re-letting costs but a LL shouldn't be allowed to sit on their hands. In reality even if the OP did have to see the remainder of the contract covered, the LL isn't going to leave it empty.


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