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Can HA ask for backpayments if they miscalculate our rent?
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bargain_carly
Posts: 150 Forumite
Hi
We own 25% of a property and pay rent on the remaining 75% to the housing association who own it. We recently received a rental review and it was a lot less than than we currently pay, so we queried it and we were told it was the correct amount we were meant to be paying and therefore we had overpaid by £60 a month, and would be issued a refund of almost £800 and they have amended the direct debit. We thought we were paying the correct amount - obviously!:D
We have contacted them several times asking them if they are sure because we dont want them to ask for backpayments down the line if they realise the inital amount was correct.:eek:
Where would we stand legally if that did happen, seeing as we have alerted them to recheck the figure several times? (is it like tax credits - their error, their loss?)
We own 25% of a property and pay rent on the remaining 75% to the housing association who own it. We recently received a rental review and it was a lot less than than we currently pay, so we queried it and we were told it was the correct amount we were meant to be paying and therefore we had overpaid by £60 a month, and would be issued a refund of almost £800 and they have amended the direct debit. We thought we were paying the correct amount - obviously!:D
We have contacted them several times asking them if they are sure because we dont want them to ask for backpayments down the line if they realise the inital amount was correct.:eek:
Where would we stand legally if that did happen, seeing as we have alerted them to recheck the figure several times? (is it like tax credits - their error, their loss?)
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How long ago was the oldest error that L made and that's now become known to you?0
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Who the heck is L???
Jeffery you are really quite annoying with your letters!
If you wanted to be annoying, just go with HA- HOUSING ASSOCIATION!0 -
L = landlord - the HA IS the landlord - there is no differentiation in a contract between HA's and private landlords.. Jeffrey is using the correct term.
i dont think folks on this forum have realised what an amazingly brilliant man Jeffrey Shaw is, and how incredibly lucky we are that he has chosen to post here to help everyone. He has been posting on landlordzone for years, and has freely helped thousands of people.
He is a solicitor specialising in Landlord and Tenant Law and what he does not know about LL&T Law is simply not worth knowing.
for sure he is a man of few words... b ut with him - each one counts...
so i suggest Jeffrey is treated like the gold dust he is....
And before anyone starts bleating on about "profesional posters" - Jeffrey wont be here to tout business.. just to help folks....0 -
we moved in Sept last year so there has been 12 payments0
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OK. I asked in order to see if any debts were beyond their 'sue-by' date [six years] but, of course, they aren't.bargain_carly wrote: »we moved in Sept last year so there has been 12 payments
L [landlord, the Housing Association] is therefore entitled to claim the debts unless there is "estoppel". This would apply only if L represented that it won't require you to pay and- relying on that- you've changed your legal position in a way adverse to your own interests.
So have you?0 -
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No, but I do like to read the threads and replies. You never know what you may learn and apparently you have lots to teach us- I just want to understand it!
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Jeffrey_Shaw wrote: »OK. I asked in order to see if any debts were beyond their 'sue-by' date [six years] but, of course, they aren't.
L [landlord, the Housing Association] is therefore entitled to claim the debts unless there is "estoppel". This would apply only if L represented that it won't require you to pay and- relying on that- you've changed your legal position in a way adverse to your own interests.
So have you?
Thanks for the reply!
Well seeing as its their policy to refund rather than leave the account in credit and they are insisting this new figure is correct we plan to use the refund money to pay off other debts and, as we dont have money left over at the end of each month, if they did ask for it back and backpayments of any months in between we wouldnt have it.
Not sure what you mean by changing our legal position adverse to our interests.0 -
If you rely on L's representation, such that you'd be out-of-pocket if L 'undid' it, L is in equity not permitted to 'undo' it.bargain_carly wrote: »Not sure what you mean by changing our legal position adverse to our interests.
The legal phrase is that one 'cannot approbate and reprobate'; so now you know!0
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