Terms & Conditions

[davo]

Friday morning posser.

tenant supplied tenacy agreement signed by landlord but the service charges, heating, laundry, etc are more than the rent. we did tell the tenant this and he said the figures were wrong and has supplied new tenancy agreement with different figures which still do not make sense as it now shows charges for other services not on first agreement.
i think we should have considered it as a contrived tenancy as it looks like the tenant is just paying all the bills for his landlord.
i did not think they could suddenly change the tenancy figures from the first document supplied.

dave

[Kevin D]

Based on the info given, it would seem reasonable to look at three possibilities:

1) no (actual) liability (HBR 8)
2) non-commercial
3) taking advantage (“contrived”)

If you only go for “contrived”, your case will not be as strong as you might think. After all, what L/L (or tenant) compiles terms where the services outweigh the level of rent? That doesn’t seem to indicate much cohesion in terms of “taking advantage”.

But, to cover all possibilities, you could find on more than one basis – but the sequence must be in the right order (e.g. the clmt is not liable; alternatively, the agreement is non-comm; alternatively, liability is contrived).

Regards

[Author]

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