Overpaid rent

ajzon

Hello all experts, for the last 4 years I had paid my rent every 2 weeks. Before was monthly £650, now when I paying every 2 weeks looks like over a year I'm paying a 1 month extra to my LL. Over 4 years is over £2500. Do I have right to claim overpaid rent? Please

A year:12x£650=£7.800

a year in every 2 weeks. A year got 52.17 weeks  ÷ 2 to pay every 2 weeks is 26 weeks witch is:

26 x £325 =£8.450

So that's mean I had paid 1 month extra,.

Please can you tell me what can I do now?

Thank you so much.

Simon

saajan_12

ajzon said:

Hello all experts, for the last 4 years I had paid my rent every 2 weeks. Before was monthly £650, now when I paying every 2 weeks looks like over a year I'm paying a 1 month extra to my LL. Over 4 years is over £2500. Do I have right to claim overpaid rent? Please

A year:12x£650=£7.800

a year in every 2 weeks. A year got 52.17 weeks  ÷ 2 to pay every 2 weeks is 26 weeks witch is:

26 x £325 =£8.450

So that's mean I had paid 1 month extra,.

Please can you tell me what can I do now?

Thank you so much.

Simon

How much were you paying every 2 weeks - was it half of a months rent, and if so why as a month =/= 4 weeks?
What does your tenancy agreement say about when your rent is due - if its monthly, then you were late in paying approx half a month every month. Was the landlord happy with this and was the tenancy agreement amended accordingly?

You need to get a rent statement of the total amounts and dates paid, and compare that with the number of months in your tenancy. Present that to your landlord, and agree whether you should miss the next x payments. 

tom9980

Write to the Landlord and explain the calculation, if they agree I would stop paying rent for a few months until you are up to date, or ask to be refunded.

If you have left the property asking for a refund or going to court to reclaim using MCOL are your only options.

ajzon

I'm still at the same property and I do not leave. I will have a chat withe LL today, but can he say its my fault and its my PROBLEM?

AdrianC

Well, yes, paying every two weeks will result in paying for a "thirteenth month" every year... This should be fairly obvious to anybody familiar with a calendar. Only February has 28 days, and 12 x 28 = 336 days/year = 29 days "extra", 30 in a leap year. When you look at a proper calendar for the year, it's obvious at a glance - most months have more than four lines of days...


Assuming your tenancy stated "£650 per calendar month", then why did you decide to pay half the monthly rent, fortnightly?
Did you sign a new tenancy that changed to £325 per fortnight? If so, then your rent effectively went up with that new tenancy, and you accepted it by signing that new tenancy.

Or did you just decide to do it for your own reasons, perhaps to better budget?

If you really have been paying more, then your landlord should have said something to you - and you should be in credit. There's no obligation to refund you, but they should agree to let you temporarily stop payments until you're back having paid what you owe.

First step has to be to draw up a list of all your rental payments - assuming you pay by bank transfer or standing order, that should be straightforward from your online banking. If you pay by cash, do you have some form of rent book?

ajzon

saajan_12 said:

ajzon said:

Hello all experts, for the last 4 years I had paid my rent every 2 weeks. Before was monthly £650, now when I paying every 2 weeks looks like over a year I'm paying a 1 month extra to my LL. Over 4 years is over £2500. Do I have right to claim overpaid rent? Please

A year:12x£650=£7.800

a year in every 2 weeks. A year got 52.17 weeks  ÷ 2 to pay every 2 weeks is 26 weeks witch is:

26 x £325 =£8.450

So that's mean I had paid 1 month extra,.

Please can you tell me what can I do now?

Thank you so much.

Simon

How much were you paying every 2 weeks - was it half of a months rent, and if so why as a month =/= 4 weeks?
What does your tenancy agreement say about when your rent is due - if its monthly, then you were late in paying approx half a month every month. Was the landlord happy with this and was the tenancy agreement amended accordingly?

You need to get a rent statement of the total amounts and dates paid, and compare that with the number of months in your tenancy. Present that to your landlord, and agree whether you should miss the next x payments. 

The tenancy agreement is to pay every month 650, but when I had changed my job I did ask my LL if is no problem to pay him every 2 weeks on my paid day, but for the last 4 years paid every 2 weeks on Friday is 26 weeks not 24. As 2 months of the year is when is 3 times paiday.  So did he can tell me f** off its my problem i overpaid?

Thanks

ajzon

AdrianC said:

Well, yes, paying every two weeks will result in paying for a "thirteenth month" every year... This should be fairly obvious to anybody familiar with a calendar. Only February has 28 days, and 12 x 28 = 336 days/year = 29 days "extra", 30 in a leap year. When you look at a proper calendar for the year, it's obvious at a glance - most months have more than four lines of days...


Assuming your tenancy stated "£650 per calendar month", then why did you decide to pay half the monthly rent, fortnightly?
Did you sign a new tenancy that changed to £325 per fortnight? If so, then your rent effectively went up with that new tenancy, and you accepted it by signing that new tenancy.

Or did you just decide to do it for your own reasons, perhaps to better budget?

If you really have been paying more, then your landlord should have said something to you - and you should be in credit. There's no obligation to refund you, but they should agree to let you temporarily stop payments until you're back having paid what you owe.

First step has to be to draw up a list of all your rental payments - assuming you pay by bank transfer or standing order, that should be straightforward from your online banking. If you pay by cash, do you have some form of rent book?

Hi, thanks to help. From the day when I start paying every 2 weeks I didn't signed any new tenancy agreement, I'm still on the first one witch is pay every month, but I did ask my LL if will be OK for him if I will pay him every 2 weeks.

So do I have rights to ask him paid back or stop paying for the next 3-4 months?

Comms69

Well he can say whatever he wants, you can take him to small claims court. But this is a situation of your own making and is literally obvious to everyone. 

saajan_12

ajzon said:

saajan_12 said:

ajzon said:

Hello all experts, for the last 4 years I had paid my rent every 2 weeks. Before was monthly £650, now when I paying every 2 weeks looks like over a year I'm paying a 1 month extra to my LL. Over 4 years is over £2500. Do I have right to claim overpaid rent? Please

A year:12x£650=£7.800

a year in every 2 weeks. A year got 52.17 weeks  ÷ 2 to pay every 2 weeks is 26 weeks witch is:

26 x £325 =£8.450

So that's mean I had paid 1 month extra,.

Please can you tell me what can I do now?

Thank you so much.

Simon

How much were you paying every 2 weeks - was it half of a months rent, and if so why as a month =/= 4 weeks?
What does your tenancy agreement say about when your rent is due - if its monthly, then you were late in paying approx half a month every month. Was the landlord happy with this and was the tenancy agreement amended accordingly?

You need to get a rent statement of the total amounts and dates paid, and compare that with the number of months in your tenancy. Present that to your landlord, and agree whether you should miss the next x payments. 

The tenancy agreement is to pay every month 650, but when I had changed my job I did ask my LL if is no problem to pay him every 2 weeks on my paid day, but for the last 4 years paid every 2 weeks on Friday is 26 weeks not 24. As 2 months of the year is when is 3 times paiday.  So did he can tell me f** off its my problem i overpaid?

Thanks

Its your problem in that he doesn't have to figure it out for you. Its up to you to work out how much  you have paid, and how much you owed. Then stop paying rent until you're back in line. It would be a good idea to show the landlord your breakdown. 

Since you'll be saving most of your paycheck, I'd suggest putting it aside so you can start paying monthly again to avoid this in future. 

ajzon

Thank you for help, I will have a chat with him today so I will let you know.

Fingers crossed

steampowered

You should simply follow the tenancy agreement.

If you are 100% sure that you have overpaid, then you have effectively "prepaid" rent. In which case you should clearly explain to the landlord how you calculated that, and stop making further payments until you are back in line with your tenancy agreement.

In future, it will be simpler if you stick to making payments in line with your tenancy agreement.

Perhaps you could do an excel spreadsheet listing out the payments you were required to make under the tenancy agreement vs the payments you actually made? That should make it very clear for the landlord.