Hi there, I have given rental agreement to a tenant and tenant agreed everything before signing the contract and sent me money.after one day,tenant asked me to refund my money because my partner said that the rent on online was not matched on the contract.interestingly they were bringing old advertised rent price and threatening me by blackmailing.actually the increased rent has been updated on the website before i got the agreement with the tinant.for suppose if the price doesn’t match with online advertisement then the tenant supposed to ask me during the viewing time.for safe side i explained to the tenant about the rent and deposit.the tenant said YES,i agreed.then went to home asked for bank details and tenant agreement.i have sent those deals.tenant signed the document and sent me money.in the evening tenant asked me full refund since my partner said that the price was not matched with online price.the tenants partner called me yesterday when i was hospital and tried to threaten me.actually he’s not in the lease document.i gave rental agreement to the single lady who visited property and paid advance and rent. she requested me full refund by bringing his partner not happy with the rent. i don’t want anyone else money for free,so i refunded advance amount yesterday and asked one week for remaining amount.By the law ,do i need to pay them instantly? because of her, i lost potential tenants to rent out.now her husband called and trying to threaten me if i dont pay within one hour.surprisingly the lady who visited and agreed for everything and signed the document, sent me money,wants to complain fraud case in me to the police.i really don’t understand where i did fraud!can i keep the remaining balance with me because of their unwanted actions? Is it legal to keep that money with me because they changed mind after the agreement and claiming false statements. what should i do? may i report to police?or may i explain to the police with evidences if they file case on me? please let me know anyone asap. thanks in advance
When they first enquired on the property, was the amount in advert the same as the contract amount?
Or did you increase it after the initial enquiry or after application?
Increasing on just an enquiry may be permitted provided the advert is updated, but not after application.
To be honest i have increased one day before she visited the property.She clearly mentioned the room for her only and even i have mentioned it’s for females only because other tenants wants female.so she came viewed the property and she wanted to pay rent instantly but i said please send me id proofs then you can pay later,so went out and sent me proof of id etc.after that she only requested for bank details and lease document.she signed on it and sent the amount as we discussed at the premises which is on the lease document as well. she said gonna move tomorrow then i said okay.suddenly same day evening she called me and said my partner not happy because you put less price online and charged more from me.i never chat or talk on open rent or on whatsapp with her husband.she said she wants room on the open rent.during our entire conversations i couldn’t find anything regarding rent is incorrect.for suppose if it’s wrong she should asked me before paying right? the room is for her and she’s responsible for everything.the thing is she found somewhere cheaper that’s why playing smartly.can i take action on the guy who’s claiming as her husband and threatening me?
Under RRA you cant charge more than the advertised price and can’t increase after a viewing or application i think unless there is a material change eg extra facilities offered. This is to stop rental bidding
" No, a landlord or letting agent cannot increase the asking price or rent for a property after it has been advertised. Under the Renters’ Rights Act, rental bidding wars and inviting offers above the stated listing price are banned to ensure transparent and fixed advertised rents"
-so depending on timing you could have committed an offence, or (as they saw old price) appear to have done so.
You dont want these tenants, do you? They will be a nightmare
Keep a copy of the updated ad. Send them it and tell them when it was updated, tell them to refresh their browser.
Was this done on Openrent? Ask OR support.
If you asked for a holding deposit, eg 1 week rent, I think you can keep the holding deposit, because they have effectively withdrawn their application. If you can demonstrate other costs due to them canceling (having to advertise again, referencing new tenants) in principle you can charge for those too. There is guidance under the Tenancy Fees Act 2019. But if they are going to withdraw over the change in advertised price they will also
However frankly I would suggest you just return the lot, move on and be thankful you have had a narrow escape. Focus on advertising again and getting the property let.
Next time if another adult is going to be a permitted occupier on the tenancy, meet them too before you sign anything?
Good luck
they might have previously advertised screen shots but the difference in£20. even i asked them it might be technical issue.i already uploaded one day ago.anyways if you want you come and stay as per old price then the guy said no we want money immediately.it means they found somewhere.
thanks for your reply boss,but the rent already been updated on the app when she visited the property.I told her about the rent and deposit.she agreed for it and sent money after 6hrs of viewing.then who is wrong? she’s not blind,deaf or illiterate.she agreed ,read the lease agreement and did everything with full of awareness.i don’t know about her husband exists, he came to the action by claiming her husband and trying to threatening even i sent advance amount
You are going to be found wrong even if you werent
Well if they report you to the council the fine if council finds you guilty is up to £7,000.
"Under the Renters’ Rights Act in England, illegally encouraging rental bidding wars or accepting offers above the advertised rent carries a civil penalty of up to £7,000 for an initial breach, with repeat or severe offenses scaling up to a maximum of £40,000
£40,000. [1]
Penalty Structure for Bidding Offenses
- Initial breach: Up to £7,000 fine issued directly by local authorities.
- Repeat offenses: Up to £40,000 maximum civil penalty.
- Enforcement: Councils can levy these civil fines directly without going through the court system. [1]
"
Its going to be hard to prove you didnt encourage a higher rent during the contract agreement process if the £20 increase online was only done a day ago, they will say that the lower price was the price at the time of the viewing as that is what they had seen, and you later increased during negotiations. You have no proof of what you agreed verbally as a higher amount during the viewing.
Refund in full and move on
Good luck
Boss i really appreciate your time and response. I thought she already knew the online price when she came to the property.for safeside i told her about the rent and deposit,she said okay.the same amount is on lease document.nothing changed or nothing increased while or after viewing.she supposed to oppose before signing if she found mismatched. so how come only myside wrong.i didn’t hide anything though.please explain clearly
the thing is she doesn’t know until her partner informed to her
she contacted through open rent website, she visited the property by texting through open rent website.so she should be aware if updated price.
she should be aware or rental price.
They will say that
A) original price advertised was 1000pcm (or whatever it was) and can proof that with original ad
B) as part of securing the deal you asked for 1020pcm
C) They wrongly signed at 1020 by mistake
The fact they may be lying about the timing or about whether they were aware of the higher price advertised with new advert before the viewing is totally irrelevant. It is what can be proved. You cant prove they knew it was 1020 at the viewing.
“Should be aware” is irrelevant
For anyone looking at the facts you appear to have increased the rent as part of negotiations to agree the tenancy. You cant prove anything else. So you will get a fine of up to £7000 if they report you to the council
Hope that makes it clear. It’s unfair but to be safe you shouldn’t have tried to add £20 to the rent.
The good thing is you have avoided tenants who are willing to threaten you with the police over such a small amount…
Good luck
so there’s no law for landlords? how they said it made by mistake boss.is there any time line to refund? i committed to refund remaining amount in one week. but they want immediately
Irrelevant totally …
yea and he is not entitled in my lease agreement and he is third /unknown person to me.she only responsible for everything
Totally irrelevant…
Do you see an advert and keep refreshing daily it to check if price has changed - no you expect it to stay the same
the price already changed when she came to the property,i checked it .that’s i told her that increased price and she said okay
Even more reason not to rent to them as likely if he is partner that he would have been there without permission
Move on and be grateful
You can’t prove that tho can you
If you are agreeing to refund why not do immediately?
Or do you really want them going to council so you get the up to £7000 fine.
What’s the point in hanging on to it for a week. Just refund now