Overpaying rent

natalieb94

I was hoping someone could help or provide some advice.

I am vacating the property I have lived at for the past 16 months and noticed in the tenancy agreement I signed when I moved in that it states twice that the rent was £1600pcm - we have been paying £2600pcm for the past 16 months. An overpayment of £16,000.

My question is are we entitled to any or all of this money back even though we signed the lease?

Thanks very much,
Natalie

[Deleted User]

Why have you been paying £1k more than you agreed?

Was it to cover something else?

It would seem an unusual mistake to make.

need_an_answer

Could you quote the line in your tenancy agreement that details the monthly rent payment?

why did you think it was an extra £1000...has it been an error on your part when you set up the standing order?

I'm perplexed as to why and how this situation has occurred and remained unnoticed by either party for so long....a bit more explaination might be needed.

natalieb94

We were told verbally by the estate agent the rent would be £2600.

I know it's our fault for not noticing for so long which is why I'm unsure if we would be entitled any money back. I didn't look at the agreement again after I'd signed it until now when I want to vacate the property.

I've quoted the tenancy agreement below.

1.7 Rent
1.7.1 The Rent shall be £1600 a calendar month, payable in advance.
1.7.2 The Rent shall be paid clear of unreasonable or unlawful deductions or set off to the Landlord’s Agent Belvoir
Battersea by banker’s standing order or such other method as the Landlord’s Agent shall require.
1.7.3 The first payment of £1600 on 01/08/18 or prior to the date of taking possession.

davidmcn

If the parties actually thought they had agreed a rent of £2600 and it's simply a typo in the tenancy agreement, I can't see that you've got a great case.

If it were the other way round and you had accidentally been sending them £2600 when everyone thought it should be £1600, then yes you could claim the refund.

natalieb94

Davidmcn I understand your point that it could be a typo but it states it twice in the agreement that it is £1600.

bigisi

natalieb94 wrote: »

Davidmcn I understand your point that it could be a typo but it states it twice in the agreement that it is £1600.

So a typo in two places...

natalieb94

How can anyone prove it is a typo in two places? Whether it's a typo or not, it still says it twice.

Comms69

What was the price advertised when you were first looking?

need_an_answer

When you originally looked at the property...what figure was it advertised for?

I get that there is the potential for a typo in the tenancy agreement,albeit that its a binding document but OP when you viewed the property what price were you viewing it at?

I'm of the opinion that if it was advertised at £2600 then that's the price,but if the agent misled you verbally then you should write and claim a refund of the monies paid that were in excess of the agreed amount.

davidmcn

natalieb94 wrote: »

Davidmcn I understand your point that it could be a typo but it states it twice in the agreement that it is £1600.

Well, what's your explanation if it isn't simply a mistake? You think they spontaneously decided to give you a 38% discount?

Could easily be a system where somebody mistypes the rent once, and then the computer accurately replicates the mistake in multiple places.