Landlord charging me backrent?

[willf]

Hi guys

A friend is having trouble with her landlord - don't know if you can offer an opinion?

"I have been paying a set amount of rent for seven consecutive months - the same amount every time - and my landlord has decided today (after giving my notice to move out in 3 weeks) that this rent is not the right amount. apparently i have been underpaying him every month. he hasn't noticed this and i have been OBLIVIOUS thinking i was paying the right rent.
do i have to pay the difference irrespective of both of us cruising along for 7 months?"

Thanks if anyone knows the answer! She's paid the rent for the period until she leaves (fully paid up as far as she was aware) and he's got her damage deposit. I think the AST says the higher of the two amounts, but I haven't seen it yet.

cheers

[zoe]

if the contract states the higher amount then of course she has to pay !!!! How on earth did she get it worng in the first place ?

[willf]

thanks Zoe - can the landlord automatically take it out of the deposit without her permission?

[Paul_f]

Willf. Commonly posters don't give nearly enough information and Zoe has done her best but you need to tell us more.


Start and end dates of the FIXED term in the AST.
The amount of the rent, and frequency of payment i.e. £500 monthly/£120 weekly etc.
You have given your landlord notice - how much exactly and when & how did you give it i.e. orally or in writing?
What is the day of the month/week when rent is due [look at your tenancy agreement to determine this] - it's almost certainly the start date if monthly?
What is the amount of the deposit as a percentage of the equivalent monthly rent [100%?]

Sorry to treat it like an idiot's guide but we ain't clairvoyant as many posters seem to imagine. :cool:

[Andy Parker]

The LL has only given 3 week's notice?With an ast 2 month's notice is required.What is your friend's objection to making up the shortfall in the rent?If I were the LL I would take it out of the deposit if the tenant refused to pay it.

[lawstudent]

You say your friend is having "trouble with her landlord" - explaining that she has been underpaying her rent for 7 months and is now wondering if she can get away with it completely. Seems to me that it is the landlord who is having trouble with your friend.

It shows the dangers for a landlord of being too trusting. However plausible a tenant might seem, it is always best to check on the rent coming in every month and advise the tenant immediately of any discrepancy. Most of the time, tenants will be pleased to rectify any inadvertent error, but there are always those few dishonest ones ...

[lawstudent]

Zoe asks, "How on earth did she get it worng?" Indeed! How can anyone get anything worng?

[willf]

thanks guys

I think they've agreed to meet somewhere in the middle

Neither of them can now find their ASTs, but I appreciate your offers to help if I had supplied more info.

all the best

Will

[lawstudent]

7 months into the tenancy and "neither ... can find their ASTs"?

Are these people for real?

[zoe]

There is no helping some people. LL's deserve all they get if they don't keep the AST's or check the rent being paid !!!

It sounds like notice has not been given correctly either but who cares about that !!

[P.Pilcher]

Sounds to me as though the landlord should contact a solicitor to enforce the eviction. Sometimes you can understand why they charge what they do!

P.P.