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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Overpayments and rent shortfall

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Hello, I've got a letter of my landord stating that I have a shortfall in the amount I am paying every month. What I am paying every month is £780 which he calculated at the beginning multiplying £195(per week) times 4(weeks) =£780 per month. However in the letter, he came up with the formula £195 divided by 52 weeks x 12 months = £845 per calendar month. Therefore the shortfall is the difference between 845-780 which is £60 that I have not been paying, now if you multiply £60 x 14 months I have been living there, you get that the shortfall is £910 I owe him. All of this seems ok until I reviewed the original contract and it clearly states £195 per calendar month. To my understanding he committed a mistake typing and this would void completely my rent shortfall and he also should pay me all the money I have been overpaying him, which is £780-195=£585, £585 x 14 months = £8190. My next step is to send to him a letter asking him for my money back. How does this fit in legal terms? Thank you very much

Attachment: 2015-10-16_124219_doc340.pdf

Hello my name is ***** ***** I will help you.
What have you been paying please?
Customer: replied 2 years ago.

Hi Alex,

I have been paying £780 per month

Thanks. In that case you can't claim back any overpayment. You know its a mistake and should be £195 per week.
However the Landlord also can't claim the additional amount for you. If you have been paying £780 per month and this has been accepted then the Landlord can't expect any more. He can only rely on the tenancy agreement which is wrong.
If he was based on his calculation the shortfall would be correct. But the tenancy agreement is wrong and the landlord has been accepting the £780 a month.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

HI Alex,

Thank you for clarification,

I have written a letter which I think is fair enough according to your answer. I'd like to know your opinion and if you would change something:

Thank you for your letter of 10th October. By asking for a payment of rent arrears to the tune of £910 you have given me the opportunity of revisting the original contract. I have noticed that the agreed contractual monthly rent for all this time has actually been £195.

Please refer to our contract dated 11th august 2014 and the receipt of holding payment letter of 5th august 2014 for clarity.

You worked out the rent to be £780 per month which I have paid in a timely fashion for the last 14 months. I have therefore been advised that I do not owe you the shortfall of £910 and shall not be paying this to you.

I would appreciate it if you could contact me as a matter of urgency so we can resolve it.
Yes that is fair.
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