If you are stuck in such a situation, here is what to do.
Mr. Arjun Sharma recently found a short-term rental in Bristol. All communications with the landlord, Mr. David Miller, were conducted via WhatsApp. They agreed on a rental price of £900 per month, which Mr. Sharma considered a good deal. He moved in and paid the first month’s rent without issue. Three weeks later, he sent the second month’s payment of £900. An hour after receiving the payment, Mr. Miller contacted him, claiming that he had made a mistake and that the intended rent was £900 per week, not per month. The landlord attributed this error to a previous head injury he had sustained. Mr. Sharma is now in a difficult position, with the landlord demanding a significantly higher rent than what was initially agreed upon in their written WhatsApp messages.
Advice in such cases
In a situation like this, it is crucial to act calmly and strategically. Your initial agreement, even if informal, carries legal weight.
Stand Your Ground: Do not agree to the new price or make any partial payments towards the higher amount, as this could be interpreted as accepting the new terms.
Preserve Evidence: Take screenshots of the entire WhatsApp conversation where the price of £900 per month was agreed. Also, keep records of your bank transfers showing the payments you made at this rate.
Communicate in Writing: Respond to the landlord in writing (email or the same WhatsApp chat for consistency). Politely but firmly state that you have a binding agreement for £900 per month, that you have fulfilled your obligations by paying this amount, and that you will continue to do so for the remainder of your tenancy. Do not engage in lengthy arguments.
Consult with a Lawyer: The very basic and important step to start is to talk to a lawyer/advocate. You should not hesitate in paying his consultation fee, i.e. might be in the range of £100 to £400, depending on the case. He is helping you in this situation to come out. He is an expert in the domain and can help you explain the procedure which you might have never explored.
Applicable Sections of Law
While this is a civil matter governed by contract law, several key legal principles and acts are relevant in the UK:
The Law of Contract: A legally binding contract was formed when the landlord offered the room for £900/month (offer), you accepted it (acceptance), and you paid the rent (consideration). The WhatsApp messages serve as written proof of these terms. A party cannot unilaterally change a core term of a contract, like the price, after it has been agreed.
Estoppel by Convention: The landlord accepted the first month’s rent of £900 without objection. By doing so, he acted in a way that confirmed the agreement was for £900 per month. The law prevents him from now going back on this shared understanding, especially after you have relied on it. His claim of a “mistake” is significantly weakened by his own actions.
Protection from Eviction Act 1977: The landlord cannot force you to leave the property, change the locks, or remove your belongings without a court order. Doing so would constitute an illegal eviction, which is a criminal offence.
If you are the complainant
As the tenant (the complainant in this dispute), your position is legally strong. You should calmly assert your rights. Your primary responsibility is to continue paying the agreed-upon rent of £900 per month on time and to document everything. Refuse any demands for the higher amount and refer the landlord back to your written agreement. If the landlord becomes aggressive or threatens you, keep a record of these interactions as well.
If you are the victim
As the tenant and victim of this attempt to alter the contract, you have clear rights. You have the right to “quiet enjoyment” of your property without harassment from the landlord. The landlord cannot change the rent without your express agreement. If they attempt to evict you, they must follow the correct legal procedure, which involves serving a valid notice (such as a Section 21 or Section 8 notice) and, if you do not leave, obtaining a possession order from the county court. Given the lack of a formal tenancy agreement, their path to a legal eviction is complicated and would be scrutinised by a court.
How the police behave in such cases
The police will view this as a civil dispute over a contract and will not get involved in the argument about the rent amount. However, you should call the police immediately if the landlord:
Threatens you with violence.
Attempts to physically remove you or your belongings from the property.
Changes the locks while you are out.
Creates a disturbance that causes you to fear for your safety (a breach of the peace).
In these scenarios, the matter shifts from a civil dispute to a potential criminal offence (e.g., illegal eviction, harassment), and the police are obligated to intervene to prevent crime and keep the peace.
FAQs people normally have
Are WhatsApp messages legally binding?
Yes, in the UK, messages on platforms like WhatsApp can form a legally binding contract, provided they contain the essential elements of an agreement: offer, acceptance, consideration (price), and an intention to create legal relations.Can the landlord evict me for not paying the higher rent?
He can attempt to start the eviction process, but he cannot legally evict you for refusing to pay a rent amount that was not agreed upon. If he were to take you to court, you would present your evidence (the WhatsApp messages), and the court would likely rule in your favour regarding the rent dispute.What if his claim about a head injury and a genuine mistake is true?
While possible, it is legally a very weak argument. The burden would be on him to prove it was a genuine and fundamental mistake that you should have been aware of. The fact that he accepted the first payment and only raised the issue after the second payment severely undermines his position. The court would likely conclude that a contract was formed and performed at £900 per month.
What evidence is required?
Strong evidence is your best defence. You should compile:
Complete, unedited screenshots of the WhatsApp conversation showing the rental offer and your acceptance at £900 per month.
Bank statements or transaction receipts proving you paid £900 for the first month and £900 for the second month.
Copies of any subsequent communication where the landlord tries to change the price and your written responses.
A personal log or diary detailing the dates and times of all conversations and events related to this dispute.
How long will the investigation take?
This is not a police investigation. It is a civil matter. If the dispute cannot be resolved and proceeds to court, the timeline can vary. A claim for the disputed rent in the Small Claims Court could take between 6 to 12 months to get a hearing. An eviction proceeding, should the landlord attempt one, can also take several months from the initial notice to a final court order and bailiff enforcement.
Advocate Sudhir Rao, Supreme Court of India