Current tenancy agreement shows rent amount from previous lease

Ldhunterzao on 13/06/2016 - 22:33
Last edited 13/06/2016 - 22:47 by 1 other user

Hi folks,

I was wondering if anyone can offer any thoughts on this. I was just reviewing my current tenancy agreement copy and it is showing the amount of rent which I agreed to during the initial term. However, I was given notice that the rent was increasing (60 days before the increase) and I'm currently paying the increased rate. Am I entitled to any money back? Or is it just something that would be attributed to a typo if I were to present the discrepancy between the lease and the rental receipts?

Thanks in advance for any advice.

• 

  psyren89 on 13/06/2016 - 22:53

  +1

  If you want a good relationship with your landlord, you should bring it up ASAP - be honest.
  In any case, if they discover it themselves, there's nothing stopping them from giving you notice and drawing up another (correct) lease.

• 

  dhunterzao on 13/06/2016 - 22:58

  Oh yeah, I'm not trying to get out of paying or anything. The lease is ending in about 2.5 months and it was drawn up for 12 months term. So it's better I obtain the new one with the correct amount?

  • 

    psyren89 on 13/06/2016 - 23:46

    Yeah, just bring it up with them. They might be nice enough to let you finish the rest of the lease on the lower rate.

    • 

      [Deactivated] on 14/06/2016 - 00:41

      +3

      Hahahaha good one, almost had me.

• 

  [Deactivated] on 14/06/2016 - 00:42

  +2

  If the agreement is for a lower amount than what you've been paying, you`ve been over paying.

  Ask for the difference back.

  • 

    kima on 14/06/2016 - 05:55

    +1

    yeah and cause problems with your landlord because that is a lot of fun!

    • 

      [Deactivated] on 14/06/2016 - 06:22

      +1

      Like what?
      Why should he pay more than what is required by the rental agreement?

      • 

        the-mal on 14/06/2016 - 07:40

        +3

        If it was a clerical error (eg all other correspondence listed a different amount, all conversations detailed the different amount, the OP was paying the different amount without question etc) then for a one off small cashback you're buying a heap of bad will from a set of people you need an ongoing relationship with.

        Are you entitled to try claim it? You could try. Is it worth punishing someone for a clerical error if you have to have an ongoing relationship and may need some good will in your direction in the future? Id say not.

      • 

        dhunterzao on 14/06/2016 - 09:46

        @the-mal:

        This was my train of thought as well. It's really a tiny increase ~2.2% and all other corrspondence does show the higher rate.

• 

  KenOath on 14/06/2016 - 07:46

  Obtain a copy of the rental ledger ASAP. Check the rental rate that became payable as per the 60 day notice, that is what you are legally required to pay. If the amount is lower, the same or higher that is what you are obliged to pay.

  Don't worry about "upsetting" the Landlord, your dealings are with the Realtor. They will have to compensate the LL If they have made a loss due to their error. A Tenant cannot be breached due to the incompetence of a RE agent.

  If the tables were turned, a Landord would be very quick to gain the upper hand in obtaining a financial advantage. Traditional thinking has always been that a Tenant (even a good one) has no rights and they should fall on their sword, shut up and pay up, lest they upset the Landlord.

  If you believe that you are rightfully owed momey ……. Request a refund.

  • 

    dhunterzao on 14/06/2016 - 09:50

    The ledger is already available as they are using propertytree to manage it.

    It shows the higher rate as was agreed via emails and verbal conversation. I think if I renew I'll make sure I'm signing something with the correct amount.

    This has only come up because I need to provide the copy of the lease to prove how much rent I'm paying and it shows a lower amount than what I wrote on the particular application and I don't want it to come back and bite me for being honest.

• 

  KenOath on 14/06/2016 - 10:00

  Task the realtor to provide an amended lease with the correct amount being charged and paid. You will need it for your records should any disagreement come your way.