How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3493
Experience:  Two years conveyancing experience.
13113900
Type Your Property Law Question Here...
Alex J. is online now

can a landlord backdate a rental payment?

Customer Question

can a landlord backdate a rental payment?
Submitted: 3 years ago.
Category: Property Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome to Just Answer.

Do you mean you have for example started the tenancy on the 15th of the month but the agreement says you will start paying rent from the 1st?

Kind regards

AJ
Customer: replied 3 years ago.
Hi, I have a slight situation where by I am the lead tenant on a house and over the last two years there have been various tenant changes, in april 2011 we signed up for 24 month contract at £2946.67 ... A few peo
Le left and were replaced in the next 6 months and we were sent out another contract to signnin October 2011 With a different rent some of 2696.00 we signed and sent this off and started paying this amount, I must admit, wit all the room rents being different I hadn't even noticed that we were paying less we just divided it up accordingly and paid. I am the only person that is on that contract that is still in the house and on Monday the landlord got in touch to claim i have been paying him £300 too little for the last 16 months and that I owe it back. He visited on Monday evening to review the contract I have and was surprised to see I was telling the truth.. Since then the letting agent have been in touch to say that this contract was not issued by them and they don't have a record of the amount being reduced? Could it be a system failure? We haven't signed another contract since this one, am I at fault? Do I need to pay? I do not have this kind of money!!!!!!!!!
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Do you have the landlord's signature on the document?

Who has been collecting the rent? The letting agent?

Kind regards

AJ
Customer: replied 3 years ago.


The landlord's signature is not on the contract as we seem to have the coutersigned part. The rent goes direcly to the landlord... and now the agency are suggesting that the document has been changed by someone...

Expert:  Alex J. replied 3 years ago.

Hi, Thank you. Who sent you the amended document? Was it sent by email? How many months payment did the landlord take before he "realised"? Kind regards AJ

Customer: replied 3 years ago.


it was posted, but I do not have the envelope only the contract as it was 16 months agon. 16 months payment before he 'realised'....


 


Thanks,


L

Customer: replied 3 years ago.


please help! I am so worried about this...

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your patience.

You have the following in your favour:
- Clearly the fact that has gone on for 16 months suggests it was not just a mistake, if he had turned around after the first month and highlighted the error then fair enough;
- You have a contract that was sent to you with the new figure for the current rental period that supersedes the old agreement.

I would write back to the landlord and say that after 16 months of rental payment you are perfectly entitled to rely on the current arrangement. Under no circumstances are you prepared to repay the existing amount. Say as a gesture of goodwill (but without any admission of liability) you are prepared to considering terminating the tenancy early or perhaps renegotiating the rent (note: would you be prepared to do this). Say that clearly the managing agent has acted negligently and any claim by the landlord should be against the agent. I would also say that it is highly inequitable that after 16 months of rental payment the landlord should be allowed to now back claim rent on the basis of a mistake he has made - say that in event you understand the law to be on your side and the landlord would be "estopped" by any court from claiming this money.

Finally say that any attempts by the landlord to pursue you for the money will be view very dimly and you reserve the right to take the following action:
- make a complaint for unlawful harassment under S.40 of the Administration of Justice Act 1970;
- Complain to the local Council branch of the Office of Fair Trading.

Say that it is your intention to assist the landlord with this amicably but you will not be bullied and categorically deny any liability for the previous rent.

Kind regards

AJ
Customer: replied 3 years ago.
Thank you for this! The plot thickens, in an effort to get the original document I have to the agency this morning, whilst rushing around I left the original on the tube? Does this matter? Shall I still send the above?

Thanks for you help, I am extremely grateful.
Thanks,
L
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Do you still have the contact that has the reduced payment? Obviously do not say that you have done that. If the matter ended up court then it would have been important.

Do you have anything in writing acknowledging that have a contact with a lower rental price on?

I would still contact the landlord as above.

Kind regards

AJ
Customer: replied 3 years ago.


I do not, I have photographs of the document though as does the landlord, and the landlord has ackwoeldged that he has seen the original and was happy that it was the original at the reduced amount..


 


would you be happy for me to send the detail above exactly, as I mentioned to him that I have sought legal advice?


 


Thanks,
L

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

You do not need to lie but just dont volunteer to him that you have lost the original otherwise it could cause you problems.

When writing the letter consider how aggressive you want to be as you may want to continue living at the property.

Kind regards

AJ
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3493
Experience: Two years conveyancing experience.
Alex J. and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for this advice it has been much appreciated, is there any additional legal information that you could give me that may help my cause, I just want to makesure I have all bases covered..?


 


Many thanks!


L

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The position that this landlord has misled you into believing the rent was a certain level and is trying to recover a loss caused by his mistake. Not only do you have basic contract law protecting you but also the law of estoppel. If you google the High Trees house case this will explain estoppel in detail. But essentially you cannot allow some to rely on something and then try and reverse the position to that persons detriment.

Kind regards

AJ
Customer: replied 3 years ago.


Great - Thank you!

Expert:  Alex J. replied 3 years ago.
Hi,

I wish you the best of luck.

Kind regards

AJ
Customer: replied 3 years ago.

Apologies, another question, if the rent amounts have varied over the 16 months, does this leave put me at further risk?

Also if I am the only remaining tenant on the original contact am I solely responsible?
Thanks,
L
Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

If you have guaranteed the whole rental payment then you will be solely responsible.

When you say you have been paying diffirent amounts can you explain a little more?

Kind regards

AJ
Customer: replied 3 years ago.
I'm not the guarantor and don't have one, but if they want to go on the original 24 month contract I am the only person. Still on the contract and still in the house...

Different rental amounts being that they difference month, when someone moved in in April they were credit checked and payed 4 months upfront to our landlord and I deducted tha amount from the monthly rent, there were also a couple of months where I payed in another amount, must have been confused about the rental amounts.. Does this make a difference given he is still trying to recall 16 months worth of differences?

The landlord is saying he is not to be held responsible you see and e agency will have a really good team to try and bully me into paying!
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The bottom line is though in total each month the landlord received the amount of money as stated in the contract that he claims is wrong?

Kind regards

AJ
Customer: replied 3 years ago.

Unfortunately not, there are some different amounts for a few of the months....
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

That will make a difference because then you have not actually paid what was in the contract.

All I would say is that the landlord is entitled to claim the rental sum in the old contract.

Kind regards

AJ
Customer: replied 3 years ago.

And that would be my responsibility given i am the only person on the contract of 24 months?

Thanks,
L
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Your responsibility would be to pay what you owe under the tenancy but less sums the landlord has received from Sub Tenants.

If you are owed money by the sub tenants you will have to pursue them separately.

Kind regards

AJ

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions