Overpaid Rent for ages!!!!

MissMummy

Help or advice very welcome-I'm new here so hope I've posted in the right place.

Currently in private rented accomodation, and have been for over a year following the breakdown of my marriage. Before the breakdown my daughter developed severe health issues and as such, I left my beloved job to care for her full time. I've therefore been 'unemployed' for 2 years now.

I moved in and claimed housing benefit to make ends meet.
The rent was £495 pcm and the landlord stated he was receiving £369.24 from the Local Authority. I therefore made up the shortfall of £125.76 by standing order, every month, before the due date. At the time, in a hectic mess of separation, caring, moving and for the first time in years, thinking about having money to pay for things, i didnt even question it. I was so conscious about getting in debt and having to upheave my daughter again, I simply paid it.

Its now over a year on, the rent hasnt changed. He approved installation of a hoist and stairlift etc providing i guaranteed I would restore property if I ever left. He has gas checked every year and there's been no issues. He seems like a genuine, decent landlord and I am still grateful he took a chance on a single mum, on benefits with no references!

However, I've recently had a change in income which triggered a new HB award notice being sent... I must admit its the only one I've ever actually read as its the only time i worried their contribution had changed. going to put some figures in now, hope it doesnt get confusing!

Housing allowance increased slightly in April i believe and it says they are paying him £93.23 a week (£4847.06 pa - £403.97 PCM - even if it isnt paid pcm!)
So my rent at £495, less HB at 403.97 PCM leaves me a shortfall of £91 pcm, not the £125+ I have been paying.
He says he is now getting £372.92 but that is actually 4 weekly payments of £93.23 .
So, if that is 4 weekly, he should be getting 13 payments a year from HB and 12 monthly payments from me.
I should therefore be paying him the shortfall monthly, but not the 4-weekly shortfall paid as a PCM payment. Does that make sense?

annual rent (£5940) less annual HB(£4847.06) = £1092.74 divided by 12 for my monthly payments, leaves me with £91.06 pcm rent shortfall to pay... yet I have been paying £125, clearly too much, nearly £30 pcm too much.

Anyway, what I am wanting to know, after all that waffle and explanation is - are my calculations and logic right, give or take pennies. Can I ask landlord for it back? Is there a limit how far back it can go? Is it my fault for not paying attention from the outset. If i can ask for it how do I go about it, just a basic letter explaining the facts (more succinctly that I have here perhaps!). If he refuses, what do I do next?

Any help would be much appreciated.

Thank you so much

silvercar

Ask for a statement from the landlord.

On the face of it you are correct, you have been overpaying due to the council paying 4 weekly and you paying monthly.

I don't understand why the landlord is receiving HB direct, normally you claim and pay the landlord yourself.

MissMummy

When I first left my husband, I went straight onto Income support as he emptied our joint account and i had to stay with my parents. I asked the local authority to pay rent direct.My GP also wrote a letter to them giving personal details and supporting my request... in brief, it was one less, of a long list of things to worry about. I was naiive at the time and thought the whole amount would be covered - I never dreamed I would have such a shortfall, but simply met the cost the maintain a home and consistent environment.
Does the landlord have to provide a statement on request? Does he have a timescale to do this in?

G_M

He sounds like a decent landlord. Tel him you're a bit confused about your claims and you're putting you finances in order and can he give you a rent statement covering the last 12 months.

Ask HB to do the same thing ie confirm what payments they made to him over the last 12 months.

Check your own bank statements for the last 12 months.

Put all that together an you should get a good picure!

edit: duplicate thread

G_M

Good point about the periods covered: rent is (usually) payable in advance. HB is paid 4 weekly in arrears.

So a meaningful rent statement needs to show not just how much was paid, and on what date, but also covering what dates

so a HB ayment will go towards the previous 4 weeks rent, whilst your own payments (probably) covered the following calender month.

To really understand what's gone on you need to go right back to the 1st payment(s).

MissMummy

Thanks silvercar and G_M.
I'll just send him a friendly email in the first instance, asking for a rent statement since I moved in, so i can sort out my own paperwork and finances.
I'll check all my bank statements in the morning and make doubly and trippley sure of every penny he's been paid by me directly.
I'll also phone HB in the morning and ask them to send details of all payments sent on my behalf to l/l, though i expect they'll not be the quickest off the mark!

When I do get the full picture, if it does transpire I have been paying too much, does he have to pay it back or is it classed as my negligence?

sniggings

G_M wrote: »

Good point about the periods covered: rent is (usually) payable in advance. HB is paid 4 weekly in arrears.

isn't HB paid 2 weeks in arrears and 2 weeks in advance?

MissMummy

Even if it is paid entirely (4 weeks in arrears), isnt he still getting 13 payments a year from HB and 12 from me? Irrespective of when and how the payments come, when you look on an annual basis, it still works out that he is having more rent from me than he needs to ( i know that sounds arrogant - apologies). On an annual basis I should only pay £1094, whether that is weekly, monthly, pcm, in arrears or advance, surely?

sniggings

you could just say to your LL, HB say they have over paid you/him so you will miss so many weeks rent to catch up. OR if he needs the money, reduce your topup for a few months...either way he owes you the money.

MissMummy

Sniggings, He has (well, seemingly) been a good landlord. I don't want to lie to him, or compromise my house in anyway (have to call it a house as with little security, I cannot call it home).
I want to remain as amenable as I can be, as for now, my daughter and I are happy here, it suits her needs now, and i have fantastic neighbours who share a glass or Rioja over the wall and remind me that there's a bigger world out there - they also let their little dog visit for my daughter to cuddle (don't tell l/l though!).
After replies thus far, I'm beginning to feel that I have overpaid, and whilst I certainly would benefit from reduced contributions, I don't really want to be 'that' tenant that causes him problems.
Perhaps I'm too involved but I cant help feeling tact and care are the way forward.... I could be way out... please correct me if that's wrong.

Mossfarr

missmummy,
it definitely sounds like you've overpaid to me. He may not have done it on purpose, he may not have actually sat down and worked out how much he is receiving in total - some people are just not good at finance!
I would ask for him to visit, present all your evidence and have a calm face to face discussion about how he will pay you back. I would suggest a rent free period until the overpayment has cleared.
The fact that he has not increased your rent suggests to me that he is sympathetic to your situation.
mossfarr