Large amount of money owed to us by LL.

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  • Large amount of money owed to us by LL.

    Hi Folks.

    We have just been recorgnised as being rent act tenants instead of assured.
    We were paying a normal market rate rent before.
    My question is : How many yrs can we go back to recoup overpayment of rent from the LL ?
    l have been given two answers in the past * 2 yrs * and *6 yrs *

    Thanks.

  • #2
    You can recover any overpayment going back 6 years over and above a registered rent.

    So for example back in 2003 the rent officer registered £80 a week, but you have been paying £100 a week - thats 6 x 52 x £20 £6240 and also future rent payments would reflect the decrease down to the official registered rent level.

    You can find the rent registered by going online to the valuation office and clicking the online rent register and searching. Last time I used that system it didnt work with Vista or Win 7, only with XP or lower.

    Comment


    • #3
      I am in fact wrong in saying 6 years - it is in fact 2 - see paragraph 57 of http://www.opsi.gov.uk/RevisedStatut...#pt3-pb4-l1g42

      Comment


      • #4
        Originally posted by davidjohnbutton View Post
        I am in fact wrong in saying 6 years - it is in fact 2 - see paragraph 57 of http://www.opsi.gov.uk/RevisedStatut...#pt3-pb4-l1g42
        Yes. The two-year limit is specific to Rent Act 1977 lettings, of course. The normal six-year limit would otherwise apply.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


        • #5
          Why is that so David & Jeff ? l mean just 2 yrs in the case of rent act tenants

          Does that seem fare to you guys ?

          If an assured tenant or a short let tenant has made overpayments in rent, are they also restricted in recovering overpayments in rent just 2 yrs back ? or couldnt a situation ever arise that way regarding those tenancy's ?

          We have overpayed rent through no fault of our own, atermpting to be reasonable with our current LL that we have always been rent act tenants.
          Now that they have finally accepted this, we find oursleves not being able to get back what is owed to us by the LL for no more than the past 2 yrs.
          Do we simply have to bite the bullet on this one and accept that we will never recover our overpayment of rent for many yrs previously before this 2yr law?
          l think we should at least ask the current LL to payback the overpayment in rent from the time they bought our building.

          Anyones thoughts or opinions on this matter would be greatly recieved.

          Charles.


          Thanks Charles

          Comment


          • #6
            Originally posted by montana View Post
            Why is that so David & Jeff ? l mean just 2 yrs in the case of rent act tenants

            Does that seem fare to you guys ?
            Whether or not it seems fair to djb or to jeffrey is immaterial; they have told you what the statute (law) is and they have no power change it.

            There are presumably reasons for this difference in rights, possibly to do with the extra security of tenure and often low rents enjoyed by Rent Act tenants compared with AST tenants, for example.

            Why should an exception to the law be made in your case?
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


            • #7
              Thanks for the input MTG, l'm just asking Jeff and David what they think about all this.

              We have not enjoyed the security and low rents upto this date, you mentioned , so in our case we feel these rights didnt benefit us.

              l think under those circumstances an exception to the law would be justified.

              Comment


              • #8
                Still irrelevant, I fear; the law is what it is, whether your special pleading would or would not justify excusing you from it.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                • #9
                  l get ya Jeff. Not even *special bleeding* would help us it seems.
                  Still all seems so terribly unfair in our circumstances.
                  We try to remain positive though.

                  cheers

                  Comment


                  • #10
                    section 48,49 question

                    Our current Landlord is in receivership and owes us a substantial sum of money.
                    The Landlord is a LTD company incoporated in Gibralta.
                    We have a Management agents address for notice of services... and strangly also the receivers address on some documentation for notice of services.
                    My question is.... can we issue county court proceedings here in England to attempt to get back our money... or do we have to issue proceedings all the way in Gibralta?
                    Note: we checked company house and no accounts were ever registered/given to company house regarding the LL's LTD company.... and this after trading for more than 2 yrs before he went into receivership.... is this odd ?

                    Comment


                    • #11
                      Under the Civil Procedure Rules (Part 6.8) "in any claim by a tenant against a landlord, the claim form may be served at an address given by the landlord under section 48 of the Landlord and Tenant Act 1987".

                      Comment


                      • #12
                        thanks westminster,
                        Thats exactly how l read it also, however....
                        Our Solicitor states that.... *should we wish to issue court proceedings against the LL, these will have to be issued on the LL's registered address in Gibralta, and we would need to obtain permission from the court for service outside of the juristiction of the English and Welsh courts.*
                        This is all leaving me even more confused. Who is correct??

                        Comment


                        • #13
                          Refer the solicitor to Part 6 of the Civil Procedure Rules - in particular, rule 6.8, 6.7 and 6.9(1) and tell us what he says.

                          http://www.justice.gov.uk/guidance/c...rts/part06.htm

                          It's possible that he's going by rule 6.9(2) but this doesn't apply if rule 6.8 applies.

                          You mention s.48 in the thread title and say "We have a Management agents address for notice of services"; if this address was specifically provided under s.48 then rule 6.8 definitely applies.

                          Comment


                          • #14
                            sorry mate l'm lost.
                            I don't understand what our solicitor is saying.
                            I thought the whole idea of these laws was to protect tenants here having to go to some dodgy tax haven state/country outside of England and Wales to issue court proceedings against your LL at costs that would be well beyond us.

                            Comment


                            • #15
                              As I said, ask the solicitor to look at civil procedure rules rule 6.8, 6.7 and 6.9(1).

                              The rules say that if you've been given an address, under s.48 LTA1987, for the service of notices, then you can (and possibly should) serve the claim at that address.

                              So - have you or have you not been given an address, under s.48, for the service of notices? Knowing the managing agent's address is not the same as having been given it, under s.48, by the LL, for the service of notices.

                              Comment

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