Over-payment of rent

macster77

Hi everyone,

Quick question.

Not your everyday tenancy problem, but here goes. When my tenancy came to an end, my LL and I renewed it for another 12 months, i.e. a new AST. The rent was increased by X amount but it was crystal clear that the increase was for the upkeep of the back and front gardens. This exchange was by e-mail only though.

Cutting long story short, I have now moved out. Can I claim back for this over-payment? After all, I essentially paid extra for a service that I didn't receive?

Any thoughts? Like I said, unusual tenancy issue, so no real precedent.

TBagpuss

Did you bring it up at any point during the tenancy?
I suspect that you will struggle to claim anything back unless the new lease explicitly stated that the landlord would provide gardening services, and even then, unless you documented that it was not happening during the course of the tenancy, I think you would struggle to show that the landlord was in breach.

I'm sure someone more knowledgable will be along soon, though.

G_M

I agree.

The time to raise a breach in the contract by the LL with regards to services was during the contract term.

In the entire 12 months, how many times did you raise the issue
* during regular inspections
* on the phone
* by email/text
* formally in a letter

Ooops!

macster77

I raised it a number of times. Mostly via e-mail (we communicated via e-mail). I subtly pointed it out by sending pics of me having to do the cleaning, despite the rent uplift that was meant to take care of it. Then, e-mails. Towards the end, the LL didn't reply.

The LL didn't visit over the course of the final year. The LL knew I kept the place well. Plus, I e-mailed promptly if there was any issue.

Cheers for the advice. I think I'll await response. If no response, then go down the small claims route.

N1AK

macster77 wrote: »

I raised it a number of times. Mostly via e-mail (we communicated via e-mail). I subtly pointed it out by sending pics of me having to do the cleaning, despite the rent uplift that was meant to take care of it. Then, e-mails. Towards the end, the LL didn't reply.

The LL didn't visit over the course of the final year. The LL knew I kept the place well. Plus, I e-mailed promptly if there was any issue.

Cheers for the advice. I think I'll await response. If no response, then go down the small claims route.

If you've had communications from the landlord explicitly stating that the rent increase was to cover a service that wasn't provided (garden maintenance etc) and if you've highlighted that issue repeatedly with the landlord during the term of the contract then in theory you have what you need to pursue a refund.

Obviously it'll be less hassle for you to get his agreement to a refund (full or partial) without starting court proceedings. You have to make clear to someone that you intend to pursue them through the small claims court anyway, so if you don't here anything that may be a good opportunity to emphasise your serious and encourage them towards a compromise.

jjlandlord

If you had agreed to pay a service charge to cover upkeep of garden, it would have been simpler: Service was not provided and you are entitled to a refund.

However you seem to have agreed to a rent increase, and negotiated a clause that landlord would take care of the upkeep of the garden.
Or at least, I assume that you negotiated that clause, because from what you said it is not clear whether the landlord in fact agreed to that.

As such, clearly you did not "over-pay" on your rent, you just paid what was due.
If the landlord breached the contract, you could go after him for your loss. You would need to work out how much that breach cost you.

macster77

Thanks.

Don't remember exact words, have to refer back to e-mail, but LL's own words were "we'll make the rent Z and I will cover front and back gardens...". Along those lines, need to check for exact wording. Also, there's another e-mail previous to that saying no y-o-y increase.

Have it all in "written" (e-mail) form, just need to dig it up.

G_M

macster77 wrote: »

Thanks.

Don't remember exact words, have to refer back to e-mail, but LL's own words were "we'll make the rent Z and I will cover front and back gardens...". Along those lines, need to check for exact wording. Also, there's another e-mail previous to that saying no y-o-y increase.

Have it all in "written" (e-mail) form, just need to dig it up.

but you "renewed it for another 12 months, i.e. a new AST."

What did that AST say? Presumably from what you've said it
a) showed the new rent but
b) did not include anything about the proposed new service.