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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There! I am having an issue with my Landlord atm. Between

Customer Question

Hi there! I am having an issue with my Landlord atm. Between 2009 until Jan 2014 I was on Housing Benefits and recieved £692 per 4 weeks to cover the rent. I paid the rent (£753) to my Landlord every 4 weeks. I didn't realize that this payment went out every 4 weeks (shock horror) and thought I paid PCM. Last week I found this out after 6 Years!!!! How this could happen I do not know and have requested my bank to send me the signed standing order which adjusted the rent from being paid PCM to every 4 wks 6 months after I set it up.
I asked my Landlord about it and he said it's always been paid 4 weekly and if I wanted to pay PCM it would be £815 PCM. As my Landlord was a friend there was no lease agreement and I cannot find the piece of paper I signed to specify what was agreed. Do I have any rights as a tennant to redeem any money back from my landlord. I have been working and paying my own rent from February last year and would like to pay my rent PCM.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
What is it you would like to know please?
Customer: replied 2 years ago.

Hi there! I am having an issue with my Landlord atm. Between 2009 until Jan 2014 I was on Housing Benefits and recieved £692 per 4 weeks to cover the rent. I paid the rent (£753) to my Landlord every 4 weeks. I didn't realize that this payment went out every 4 weeks (shock horror) and thought I paid PCM. Last week I found this out after 6 Years!!!! How this could happen I do not know and have requested my bank to send me the signed standing order which adjusted the rent from being paid PCM to every 4 wks 6 months after I set it up.
I asked my Landlord about it and he said it's always been paid 4 weekly and if I wanted to pay PCM it would be £815 PCM. As my Landlord was a friend there was no lease agreement and I cannot find the piece of paper I signed to specify what was agreed. Do I have any rights as a tennant to redeem any money back from my landlord. I have been working and paying my own rent from February last year and would like to pay my rent PCM.

Expert:  Ash replied 2 years ago.
When you say any money back, do you accept you paid 4 weeks and not PCM?
Customer: replied 2 years ago.

Yes I paid the rent every 4 weeks.

Expert:  Ash replied 2 years ago.
When you say you want to pay PCM, what is stopping you?
Customer: replied 2 years ago.

Well what's stopping me is that for 6 years I thought I was paying £753 pcm. So I wanted to pay that amount now. The landlord has requested £815pcm. It feels like I have to find an extra £62.00per month. In other words it feels like the rent has gone up, even though it hasn't, I know.

Expert:  Ash replied 2 years ago.
What does your rent agreement say?
Alex
Customer: replied 2 years ago.

There is no rent agreement.

BTW please can you specify, have I paid £18 for this whole conversation. It's not £18 per message is it?

Expert:  Ash replied 2 years ago.
Correct one off fee.
Why is there no rental agreement? Has the landlord ever asked for the arrears?
Customer: replied 2 years ago.

Ok great.

There is nothing in writing, there is no agreement as such.

The rent is not in arrears. One month of every year I have been paying the rent twice and have never noticed this. I have to question my sanity?

So every year I pay 13 months worth of £753.

I set up the standing order pcm. Then 6 months later I apparently went in and changed the standing order to come out every 4 weeks. I cannot remember doing this? I had no idea the rent was 753 per 4 weeks. So for 6 years I thought I was paying pcm.

Until I see this standing order I am thinking the Landlord has gone in and changed my standing order. I know that sounds crazy but who pays rent per 4 weeks?

Expert:  Ash replied 2 years ago.
Rent is paid by Councils every 4 weeks and that is how they calculate it. That is because there are 4.3 weeks in a month.
I still dont quite get what you are asking me?
Customer: replied 2 years ago.

Please can you be more helpful? Did you read the initial message I sent you? Here's the thing, we all get paid monthly (PCM), we all pay our bills monthly (PCM) and the Estate Agents all state the rent is PCM.

I believe the Landlord owes me £4,500 because he has overcharged me 1 month extra rent per year for 6 years.

A) There is no lease or rental agreement.

B) Nobody pays rent per 4 weeks. It is always PCM.

Do I have any rights as a tenant to claim the £4,500 on the basis that A) there is no rental agreement and B) rent is only ever paid PCM?

Expert:  Ash replied 2 years ago.
I see what you mean now.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?