Error on section 13

Jami74

A couple of months ago we received our yearly section 13 rent increase letter with the usual unfriendly cover letter. For the first time ever a small decrease had been applied. We were quite surprised but the amounts had been highlighted with highlighter pen on both copies of the cover letter and section 13 so we duly felt grateful, theorised that it might be something to do with the exchange rate or the rising damp/mould problem and adjusted the payment accordingly.


Today we get a rather unpleasant email telling us that we've underpaid our rent, they're aware we were sent a letter with a typing error but we should have known it was wrong and to pay the difference immediately and a rent increase.


Maybe I'm being a bit pedantic, mostly because they're correspondence always comes across as unfriendly and aggressive, but shouldn't we wait until we receive a new section 13 notice or are they in their rights to demand an extra payment immediately?

G_M

Who's 'they'? An agency? The joint landlords?

Not that it matters. On the one hand if it is clear it was an administrative error I'd be inclined to accept the new increased rent. You are apparnatly accustomed to an annual increase and this year it is only 'small'. Everyone makes mistakes from time to time.

Having said that, you'd be within your rights to continue to pay the new, decreased, rent that was specified on the S13 Notice.

[STRIKE]And a new S13 cannot be served for 12 months.[/STRIKE]

edit - sorry that only applies where the rent has already been increased within the last 12 months.

Jami74

G_M wrote: »

Who's 'they'? An agency? The joint landlords?

Not that it matters. On the one hand if it is clear it was an administrative error I'd be inclined to accept the new increased rent. You are apparnatly accustomed to an annual increase and this year it is only 'small'. Everyone makes mistakes from time to time.

Having said that, you'd be within your rights to continue to pay the new, decreased, rent that was specified on the S13 Notice.

An agency.


It wasn't clear at the time to us that it was a mistake.


It was a small decrease. Increase is not small.


Everyone makes mistakes. Of course we will pay the increase but don't like aggressive demands from the agency, usually people apologise when they make a mistake.


I suppose I wondered if they could evict us if we didn't pay it immediately or if it would be okay to wait for the formal request.

Pixie5740

Even if you were in arrears you couldn't be evicted immediately, there are legal processes to be followed first.

How easy to evict you depends on whether you have a fixed term tenancy or a periodic tenancy. See Ending/renewing an AST for further information.

G_M

Pixie5740 wrote: »

How easy to evict you depends on whether you have a fixed term tenancy or a periodic tenancy. See Ending/renewing an AST for further information.

Given that there's been a S13 rent change, I think we can safely deduce it's a periodic tenancy!

[Deleted User]

They made a mistake, and they've been a bit aggressive in their reply. You are right, whatever figure is given in the S13 is what a normal person would pay.., but they've corrected the error now and you know different. Its annoying but not really worth getting steamed up over.., surely you have more important things to get worked up over?

Just pay the increase and get on with your lives, particularly if its not an exceptionally large rise.