View Full Version : T paying more rent than AST states, what to do?

Drowning in debt
11-02-2008, 16:59 PM
I bought a property where I inherited the tenant.

She was paying £380 on AST which had become periodic, this was too low for me, so she agreed to pay £550 but has not signed a new AST to that effect.

She has paid me £550 pcm since 1st Dec 2007.

I am a little concerned this is not a good idea!!

Can I get her to sign an AST today, and make it retrospectively start from 1st Dec 2007-31st May 2008? Is this possible? Or do I just start from 1st March 2008 and get her to sign something stating she was happy to pay £550 previous to signing new AST??

Can she claim the 'apparent' overpayments back from me although she agreed.

Another fine mess!!!!

11-02-2008, 17:09 PM
Was rent increased by s.13 procedure? If not, and in absence of new AST, how else was the increase formalised?

Drowning in debt
11-02-2008, 17:18 PM

Just verbally

11-02-2008, 17:25 PM
...which makes it difficult. Either:
a. T has agreed (impliedly) to a rent increase, as evidenced by paying the extra; or
b. T has been paying the extra under a mistake of law (i.e. has been assuming that you are entitled to it, which you aren't), and could therefore sue you to recover back all of the wrongly-paid surplus.

Drowning in debt
11-02-2008, 17:42 PM
I see, thanks Jeffery

What about getting her to sign retrospectively?

What do you suggest?

Drowning in debt
11-02-2008, 17:43 PM
Sorry for mis-spelling your name Jeffrey!!