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  • FIRST POST
    • ErolGirl
    • By ErolGirl 10th Jan 18, 3:54 PM
    • 32Posts
    • 22Thanks
    ErolGirl
    Help please! Apparent underpayment of rent :(
    • #1
    • 10th Jan 18, 3:54 PM
    Help please! Apparent underpayment of rent :( 10th Jan 18 at 3:54 PM
    Hi,

    Can anyone give me some advice on my situation.

    I have been renting a flat for just over 2 years, at £600 pm.

    I have just left the apartment start of Jan and so my landlady has a £600 deposit and stupidly I forgot to cancel my DD so she has an extra months rent from me, so £1,200 in total.

    She called at the weekend to say I have left the flat immaculately and she would return all the £1,200 back to me on Monday.

    She has just called me now to say she has checked against my lease and I should have been paying £650 the whole time. I didn't realise this as over the phone we agreed £600 pm. She has only just realised herself and we have verbally spoken about my rent being £600 on various occasions over the past 2 years. I even have a letter from her last year saying she was planning to up my rent to £630 from £600.

    So now she is saying she is giving me none of my £1,200 back. I have just bought a house, so this is a massive dent for me.
Page 1
    • Comms69
    • By Comms69 10th Jan 18, 3:55 PM
    • 1,776 Posts
    • 1,609 Thanks
    Comms69
    • #2
    • 10th Jan 18, 3:55 PM
    • #2
    • 10th Jan 18, 3:55 PM
    Does your tenancy say £650?
    • anselld
    • By anselld 10th Jan 18, 3:56 PM
    • 5,493 Posts
    • 5,079 Thanks
    anselld
    • #3
    • 10th Jan 18, 3:56 PM
    • #3
    • 10th Jan 18, 3:56 PM
    Have you checked the tenancy agreement?
    • G_M
    • By G_M 10th Jan 18, 3:58 PM
    • 42,741 Posts
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    G_M
    • #4
    • 10th Jan 18, 3:58 PM
    • #4
    • 10th Jan 18, 3:58 PM
    What does your tenancy agreement say? I can't see it to confirm for you....
    • ErolGirl
    • By ErolGirl 10th Jan 18, 4:03 PM
    • 32 Posts
    • 22 Thanks
    ErolGirl
    • #5
    • 10th Jan 18, 4:03 PM
    • #5
    • 10th Jan 18, 4:03 PM
    I've just moved house and I have no idea where my lease is to check, it will be packed in a box somewhere!! But the landlady says her copy says £650. I have a feeling I am not seeing any of that £1,200
    • G_M
    • By G_M 10th Jan 18, 4:11 PM
    • 42,741 Posts
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    G_M
    • #6
    • 10th Jan 18, 4:11 PM
    • #6
    • 10th Jan 18, 4:11 PM
    Then either

    * hunt out the contract and check, or
    * ask to see the landlady's copy and check both the rent figure and your signiture (bearing in mind if your signiture is on a differenet page she could have altered the page with the rent figure), or
    * do nothing and write off the money, or
    * start court action, or
    * ask one of the wizards on the forum here to wave their magic wand and make the landlady change her mind
    • baldelectrician
    • By baldelectrician 10th Jan 18, 4:16 PM
    • 2,143 Posts
    • 1,329 Thanks
    baldelectrician
    • #7
    • 10th Jan 18, 4:16 PM
    • #7
    • 10th Jan 18, 4:16 PM
    If it was direct debit (and not standing order) call the bank and use the direct debit guarantee.
    baldly going on...
    • anselld
    • By anselld 10th Jan 18, 4:20 PM
    • 5,493 Posts
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    anselld
    • #8
    • 10th Jan 18, 4:20 PM
    • #8
    • 10th Jan 18, 4:20 PM
    If you can prove that the contract as written is in error you will be OK.
    Easier said than done.

    You do have her letter stating £600-£630.
    You do have the fact she has not complained about arears for 2 years.
    Check the Zoopla history to see if the advertised rent is recorded from 2 years ago.
    Check any other correspondence from the time of agreeing the tenancy.
    Check the deposit scheme details - some if not all record the monthly rent.

    However, if £650 was originally agreed and you failed to pay it then yes, kiss goodbye.
    Last edited by anselld; 10-01-2018 at 5:52 PM.
    • Firsttimebuyers
    • By Firsttimebuyers 10th Jan 18, 4:28 PM
    • 143 Posts
    • 113 Thanks
    Firsttimebuyers
    • #9
    • 10th Jan 18, 4:28 PM
    • #9
    • 10th Jan 18, 4:28 PM
    Did anything get emailed perhaps? We've had tenancy agreements emailed over in the past.


    Who was the deposit held with? https://www.gov.uk/tenancy-deposit-protection


    It states '
    At the end of your tenancy

    Your landlord must return your deposit within 10 days of you both agreeing how much you’ll get back.
    If you’re in a dispute with your landlord, then your deposit will be protected in the TDP scheme until the issue is sorted out.'
    • marliepanda
    • By marliepanda 10th Jan 18, 4:30 PM
    • 5,013 Posts
    • 10,171 Thanks
    marliepanda
    It’s highly unusual for rent to be a direct debit, especially when the landlord appears to just be an individual and not an agency.
    Survey Earnings 2017 - £163
    • ErolGirl
    • By ErolGirl 10th Jan 18, 4:35 PM
    • 32 Posts
    • 22 Thanks
    ErolGirl
    Sorry yes I just checked my bank and it was standing order

    Nothing has ever been emailed, she doesn't even have a mobile.

    I just cant believe shes never once noticed in 2 years!
    • Comms69
    • By Comms69 10th Jan 18, 4:35 PM
    • 1,776 Posts
    • 1,609 Thanks
    Comms69
    Did anything get emailed perhaps? We've had tenancy agreements emailed over in the past.


    Who was the deposit held with? https://www.gov.uk/tenancy-deposit-protection


    It states '
    At the end of your tenancy

    Your landlord must return your deposit within 10 days of you both agreeing how much you’ll get back.
    If you’re in a dispute with your landlord, then your deposit will be protected in the TDP scheme until the issue is sorted out.'
    Originally posted by Firsttimebuyers
    There's very few teeth backing up that statement. I wouldn't rely on it.
    • Comms69
    • By Comms69 10th Jan 18, 4:36 PM
    • 1,776 Posts
    • 1,609 Thanks
    Comms69
    Sorry yes I just checked my bank and it was standing order

    Nothing has ever been emailed, she doesn't even have a mobile.

    I just cant believe shes never once noticed in 2 years!
    Originally posted by ErolGirl
    In fairness neither did you.
    • ErolGirl
    • By ErolGirl 10th Jan 18, 4:38 PM
    • 32 Posts
    • 22 Thanks
    ErolGirl
    We verbally agreed 600, and I have always paid that. I really need to find my copy of the lease
    • G_M
    • By G_M 10th Jan 18, 4:52 PM
    • 42,741 Posts
    • 49,961 Thanks
    G_M
    Who was the deposit held with? https://www.gov.uk/tenancy-deposit-protection

    It states '
    At the end of your tenancy

    Your landlord must return your deposit within 10 days of you both agreeing how much you’ll get back.
    If you’re in a dispute with your landlord, then your deposit will be protected in the TDP scheme until the issue is sorted out.'
    Originally posted by Firsttimebuyers
    That relates to the deposit, which was £600.

    The other £600 the landlordcurrently holds is either
    * rent or
    * an overpayment of rent

    Either way, the deposit scheme won't help with the 2nd £600.
    • Keto Plastics
    • By Keto Plastics 10th Jan 18, 5:41 PM
    • 38 Posts
    • 9 Thanks
    Keto Plastics
    We verbally agreed 600, and I have always paid that. I really need to find my copy of the lease
    Originally posted by ErolGirl
    As I have learned, always get everything in writing

    If they agree something verbally then follow up with a email or letter asking for written confirmation of what they agreed

    I hope You do get the money back but by the looks of it I doubt You will, seems like She has either spent it or intends to do so, could be why She has only just "remembered" rent arrears all of a sudden when She has £1200 at her disposal
    Keto-Plastics
    • pinkshoes
    • By pinkshoes 10th Jan 18, 5:48 PM
    • 15,464 Posts
    • 21,149 Thanks
    pinkshoes
    Was your deposit protected in one of the government schemes?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • ErolGirl
    • By ErolGirl 11th Jan 18, 9:09 AM
    • 32 Posts
    • 22 Thanks
    ErolGirl
    Hi, no I am on the Isle of Man and we don't have such a scheme here unfortunately.

    I managed to speak to her again last night and she has agreed to give me £600 back in "good will" so I guess thats something!! Still gutted but it's better than nothing!! Still need to find my lease to confirm though...

    Thanks for your help guys
    • copperclock
    • By copperclock 11th Jan 18, 11:13 AM
    • 249 Posts
    • 279 Thanks
    copperclock
    Would be odd for the deposit amount to be £600 and the rent to be £650
    • G_M
    • By G_M 11th Jan 18, 11:15 AM
    • 42,741 Posts
    • 49,961 Thanks
    G_M
    Sounds like she knows the tenancy agreement says £600.........
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