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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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We have been private tenants years and now our Landlord

Resolved Question:

We have been private tenants for ten years and now our Landlord has moved back in. Despite cleaning the property top to bottom he is complaining about many things that we deem to be wear and tear, e.g. carpets. Hopefully they will be reasonable and return our deposit, but I doubt it.
I have looked at our rental lease though, and it plainly has the wrong rent price on it. It says £460/month and we have been paying £570/month. Am I within my rights to ask for the amount I have overpaid in the last year, the period which the lease covered ? the lease is now over, but we have not had any deposit returned yet. I will only do this if they are unreasonable.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello I am a solicitor with 20 years experience. I will try to help you with this.
In order to answer the question I need to know the following:
When did you move in to the property? When did you move out? I don't quite understand why there was a lease for the final year. Can you tell me a bit about the history of your tenancy.
Is your deposit in a deposit guarantee scheme.
Customer: replied 2 years ago.

We moved in in September 2004. Every March thereafter, rather than continuing on two months notice, we started a new lease, 12 months at a time. the original rent was 440, and it went up to 460 on the first renewal in March 2005. Every year after, we started a new 12 month lease, for our own security. Our last 12 month lease started in March 2014. We were served notice in January 2015 and vacated April 2015. For all I know every new 12 month lease has had 460/month on it, but I don't have the old ones any more. The last lease definitely does have 460/month on it. Every year we have been told to "add £10 on to the rent" but usually always by phone. So last year I have paid £570/month. Now I check the lease and it actually says £460... The deposit is held with mydeposits.co.uk. I'm fairly sure they notified us, I remember some leaflet being sent.

Thanks

Shaun

Expert:  LondonlawyerJ replied 2 years ago.
AS far as the deposit is concerned there will be a dispute resolution scheme that my deposits runs. You should activate that to deal with dispute abut the deposit.
As far as you having overpaid the rent, even though the written tenancy itself says £460 per month the fact that this year (and previous years) you have paid a different amount every month will make it very hard for you to claim that you have overpaid. It will be clear to the court that there is an agreement to pay a different figure to that contained in the agreement. The fact that there has been a steady increase of £10 a year will further undermine you in this.
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