In October 2016 we have rented a lovely house through an agency and , while negotiating , the landlord proposed that after one year the rent should increase with the RPI value. We accepted but with a modified release clause, that instead of 18 months it could be triggered after 12 months, if the increase would be too steep for our finances to be able to walk away from the agreement.
In October 2017 when this clause should have been put in place nobody remembered, neither landlord or property management or us , for that matter. Therefore we continued to pay the same amount of rent through DD, nobody told us otherwise.
In 2018, August, when we've terminated the tenancy agreement early, the landlord looked into the contract and wanted to know why the increase was not proposed and, rightfully so, holds the letting agency to account for negligence and in breach of their duty of care.
Now the letting agency wants us to pay,RETROACTIVELY , the increase from October 2017 until August 2018 when we vacated the property, approximately 630 GBP. His argument is at least thin, to say the least, based on a personal interpretation of the expression ‘’ without further notice’’ from the following clause of tenancy agreement : 30.3 Notwithstanding clause 2 (“the Rent”) detailed above it is further agreed between the Parties that the Rent payable for the first year of the Tenancy shall be increased on 22nd October 2017 by the same percentage as the Retail Price Index (RPI) shall have risen over the first year of the Tenancy subject to a minimum of 1% and a maximum of 5% and without further notice
There is no precedent where ‘’no further notice’’ was successfully used to base an argument for retrospective reinforcement of a clause. This is also in breach of our consumer rights, as at this moment when the amount is tried to be reinforced upon us, there are no other choices to which we could possibly adhere.
The property management is continuously lying, stating that the landlord seeks compensation from us, tenants, not the agency therefore the deposit cannot be returned until the issue is solved and reffered the case to TDS. My question is: do they have a case and I might lose 630 pounds? What should I consider sending to TDS to support my case?