LA Raised Rent without LL's Knowledge

GHamilton

Hi,

Short version: If a letting agent raises the rent of a property without telling the landlord, can we as (former)tenants claim this back off them (through small claims if necessary)?

Longer version: About a year into our tenancy, we received notice of a rent increase. We agreed to pay it, and paid the increased sum for a further 18 months. Two years into our tenancy, the LA told us they were going to raise the rent again. However, this time the LL had already told us that the rent wasn't going up so we queried it with the LA and they said it had been a mistake and the rent wasn't going up after all.

We ended our tenancy and left earlier this year. After we left, the LL contacted us to ask if the rent had ever gone up as she had never authorised an increase. We don't know what had made her suspicious. We told her it had but haven't heard anything since.

Our thinking is that, although we agreed to the first rent increase, if the money wasn't going to the LL then the extra money we paid wasn't really rent and should be returned - but we don't know if this is correct. We're inclined to write to the LA suggesting that it must have been a mistake and requesting the refund, which amounts to a couple of hundred pounds.

Any thoughts/things we should be wary of?

Thanks in advance!

P.S. All details kept deliberately vague in case the LA sees this.

sandsni

Although the LL never officially authorised a rent increase, did she actually say she'd never received the extra rent? Or just that she hadn't noticed the extra money being paid to her?

thesaint

My thoughts is to let the landlord know, forget about it, and move on.

Out,_Vile_Jelly

If the LL had to ask it suggests the extra never went to them- they certainly will want to pursue this with the LA. Not sure where you would stand legally- collate all your paperwork and stay in touch with the LL.

braun_2

If the LL never received the extra money then I would say the LL has a good chance of legal action but you not so much.

I would assume your tenancy agreement states that after the fixed term has ended your rent can be raised. You signed it, you agreed to the increased rent and you paid it. It is your LL that never received the money.

As for the gentleman's agreement of not raising rent, that won't cut it in court.

princeofpounds

Unfortunately for you, if the LA asked and you agreed to raise the rent, legally it is as if the LL themselves asked for the higher rate.

The fact that the landlord did not give that instruction, and the possible disappearance of money that resulted, is a matter for the LL, but you will not get money back.

But definitely let the LL know the situation, they might be able to punish the LA for you, in a way.

GHamilton

Thanks everyone. Sort off matches what we thought originally but discussing it this morning we wondered if it was possible for us to pursue it.

G_M

1) the agent acts on behalf the LL (as..... his 'agent'!). So if the agent increases the rent, and you agree, legally it is as if the LL raised the rent.

2) However, the LL also has a contract with his agent (seperate from the tenancy agreement). If the agent has acted outside the terms of his contract with the LL, then the LL can take civil action against the agent. And if the agent has deliberately falsified the rent being charged, that is fraud - criminal.

So any action would have to be taken by the landlord. But if the LL wished o take this up with the agent, he may also be willing to refund you the extra rent (once he gets it back from the agent).