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Landlord not returning rental overpayment- AST change of payment dates

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Author Topic: Landlord not returning rental overpayment- AST change of payment dates  (Read 113 times)
Newbie
Posts: 3

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« on: August 04, 2021, 01:42:08 PM »

We had 4 years of successive ASTs with our former landlord.  All 12 month contracts and ran from 15th July to 14th July. 

During the 2nd AST we changed jobs and had a different pay day so we asked if we could change the payment date from 14th to 20th of each month to correspond with this.  Landlord was fine about this we just had to make an initial 6 day payment for to cover the period of 14th - 19th inclusive to avoid being in arrears of rent and pay our monthly rent on 20th each month thereafter. We were told to deduct the 6 day payment from the final rental payment.   

All fine and we pay our rent on time throughout. All new ASTs continue to run from 15 - 14 July with us paying on 20th of each month. ..

We let our landlord know we were not renewing the most recent AST and we left on 14 July.  However, our 20 June payment to cover period 15 June to 14 July went through in full without us deducting the 6 days additional rent we paid in the second year to avoid being in arrears (yes stupid us).  We drew this to the landlords attention and they said they would look into it.  However they waited for us to move out then said they were entitled to the money and our AST period was in fact 20th to 20th of each month based on rental payments and it was our choice to leave 'early'.

We think this is wrong, changing the date of payment doesn't change the AST period... or does it?  Any advice gratefully received.
Full Member
Posts: 165

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« Reply #1 on: August 04, 2021, 04:52:32 PM »

Doesn't sound right to me but your AST should state the start and end dates of the tenancy.
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Abuse Officer

« Reply #2 on: August 04, 2021, 04:59:43 PM »

This is filed under no good deed goes unpunished.

The Landlord had no obligation at all to help you facilitate your payment troubles during the second AST. The Landlord was well within their rights to refuse any payment date change, no matter how inconvenient that would have been for you. Now, you were also given complete instructions as to what to do at the end of the tenancy... it was all clear... yet you didn't bother to pay attention enough to fulfil your part of the agreement. Instead you just went about your business in a careless way, sending money wherever, willy-nilly, and now expect someone else to go to the admin. burden of reimbursing you. Should they? Yes. Are you a complete annoyance? Yes. I think, for a normal tenancy, this amount being chased now will be rather insignificant. If only you'd been paying attention, then no-one would have to clean up your mess. I would swallow the loss, and pretend I don't care.
Newbie
Posts: 3

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« Reply #3 on: August 04, 2021, 06:36:58 PM »

Hippogriff, I accept that making an overpayment was careless on our part but I think your reply is a bit extreme and unconstructive.  I note your post did not actually answer my question but I hope your comment served some purpose for you.

 
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Posts: 4232

Abuse Officer

« Reply #4 on: August 04, 2021, 10:28:00 PM »

This is filed under no good deed goes unpunished.

The Landlord had no obligation at all to help you facilitate your payment troubles during the second AST. The Landlord was well within their rights to refuse any payment date change, no matter how inconvenient that would have been for you. Now, you were also given complete instructions as to what to do at the end of the tenancy... it was all clear... yet you didn't bother to pay attention enough to fulfil your part of the agreement. Instead you just went about your business in a careless way, sending money wherever, willy-nilly, and now expect someone else to go to the admin. burden of reimbursing you. Should they? Yes. Are you a complete annoyance? Yes. I think, for a normal tenancy, this amount being chased now will be rather insignificant. If only you'd been paying attention, then no-one would have to clean up your mess. I would swallow the loss, and pretend I don't care.

I refer the person who expects others to wipe their arse to the answer that I gave some moments ago. Careless? Undisputed.

Don't worry, others will continue to mop up after you... keep on as you are. It's obviously working.
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« Reply #5 on: August 05, 2021, 10:51:05 AM »

For what it's worth,I agree with you the tenant and Hippogriff.In that situation as a landlord I would return the over payment.However,I would be utterly exasperated,and do it with ill grace.Once again I was expected to put myself out to accomodate the changes/mistakes of the tenant.If the amount of money involved is enough to really matter to you,you surely would have made damned sure to deduct it ?

 I may be wrong,but when I read your question I did have the thought "Is this person another Droopy Drawers?". This would explain the landlord refusing to do one more thing to help you out.Droopy Drawers was a tenant of mine who was constantly forgetting and losing things and generally bumbling through life,expecting me to sort things out for him.In time I found myself hating him. It hurts me to say this as I love badgers and belong to a protection group,but I think you need to suck this up.You asked,he refused,lesson to learn from.
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