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Letting agent put rent up, landlord unaware

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Author Topic: Letting agent put rent up, landlord unaware  (Read 112 times)
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« on: August 06, 2021, 07:36:05 PM »

We pay our rent & report all problems through a letting agency. We received a letter from the agent advising the rent was going up by 30 pcm, giving us a couple of months notice as per our tenancy agreement. The actual landlord has just been in touch with us saying he was unaware of the rent increase and had not requested or authorised it. He has told us to put the rent payment back down to original fee and he will speak to the agent.
We have paid this higher price for 3 months, so have essentially overpaid by 90. Can we get this back and who do we ask for it?
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« Reply #1 on: August 06, 2021, 09:10:52 PM »

It sounds as if your best bet is the landlord.
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« Reply #2 on: August 07, 2021, 11:05:03 AM »

I believe you should get a new tenancy agreement, or an amended one, if the rent is changed. Have they sent you a tenancy agreement?

It sounds like your best bet is the landlord. Ask politely if he'll assist you with getting the overpayment back. An email with the landlord, tenant and agent all copied in would surely bring this to a close.
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« Reply #3 on: August 07, 2021, 11:17:37 AM »

I have never set up a new tenancy or amended one if I raise the rent.I always let the first term go onto periodic anyway,so I am not sure why this would be necessary?
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« Reply #4 on: August 07, 2021, 03:28:52 PM »

The rent has gone up. What needs to happen now is there needs to be a rent reduction.

I don't mean to be cryptic... but even though this sounds like some kind of 'mistake' or an Agent going beyond their remit... it doesn't matter... a new rent was proposed and agreed (through the act of paying it). It doesn't matter if the Tenant was upset about it, damned unhappy about it or anything... the new rent has been paid, therefore it is established as the rent.

There has been no overpayment for three months - as the correct rent has been paid.

If a rent reduction was agreed from this point onwards, then that's fine. If the Landlord wanted to issue a goodwill gesture to the Tenant that is also fine. But there has been no actual overpayment, nor is a refund now due.

The Agent acts on behalf of the Landlord. It is a shame the Tenant has to be made aware of their difference of opinion. Nevertheless, the Agent advised the Tenant of a rent increase, the Tenant accepted that and started to pay it - the new rent is accepted and established.

There is no need for a new tenancy agreement when rent amount is changed.

Even though the Landlord came with what appears to be good news... that appears to be just verbal? I'd want something in writing just to be sure.
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« Reply #5 on: August 11, 2021, 07:17:18 PM »

I have worked for 4 different estate agents and we'd always have something in writing when the rent was changed.  It might not be a legal requirement but I am confident most agents would have something in writing for such a change.
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« Reply #6 on: August 11, 2021, 10:20:45 PM »

Not a new tenancy agreement.
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« Reply #7 on: August 12, 2021, 09:52:12 AM »

I have used around 5 agents in the past,and although I don't put rents up often,they never drew up new contracts.There would be a letter of course,so there was always something in writing,and I guess the fact that the tenants always complied meant that a new contract was established? Managing on my own I don't use special forms,just a letter. I suspect some agents use any opportunity to get money out of the landlords or tenants.I have had agents try to tell me I would lose all legal protection if I went onto a periodic.   
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