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Help - landlord demanding back payment of rent, but I am paid in full

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  • 30-05-2013 1:45am
    #1
    Registered Users Posts: 11


    Ok so originally the house was up for 135 weekly. 3 of us took the house but began nine months ago paying 180 each per month and there has never been a problem until yesterday I asked for my 180 deposit back. at first this was fine then i get a text and the landlord said that the other tenants had not paid there last months rent. She then said she had looked back and seen that she is owed 765 rent due to her calculating weekly and us monthly. I realise that the original price was 135 weekly but surely she cannot now ask for back payment of the difference as she has not brought it up all year. I don't know what to do here and wonder if she can do this having accepted the rent monthly from each of us all year. Please help as soon as possible as have to meet her in the morning thanks


Comments

  • Closed Accounts Posts: 485 ✭✭Play To Kill


    You paid 180 per month rather than 180 every 4 weeks so it looks to me as if you haven't paid in full and the landlord is within her rights to ask for the outstanding balance.


  • Registered Users Posts: 11 littlelemon


    Thanks for quick reply. I realise that I technically didn't pay n full but would she not have had to have give some sort of notice of non payment throughout the year to indicate this? She only noticed that the rent wasn't paid when she looked back yesterday but we have been paying it all along.
    There is also a large amount of things we complained about throughout the year which were not fixed or it took over a month to get the work done. I know this has nothing to do with price of rent but does the landlord not have to do these things as well for them to be holding up their end of the bargain?


  • Registered Users Posts: 11 littlelemon


    Also if I am liable for more rent than the 180 deposit would it be advisable to just walk away or could they come after me?


  • Closed Accounts Posts: 485 ✭✭Play To Kill


    If it was me, I would meet the landlord and point out that the issues I raised throughout the year were not addressed, I would also point out that I am not responsible for the others not paying the rent and I would ask for the balance of the deposit minus the underpayment if there was a balance. I wouldn't be worried that they would come after me either, but thats just me and how I would deal with a similar situation.


  • Closed Accounts Posts: 556 ✭✭✭sligoface


    I'd say it's highly likely she was well aware of the fact that you were paying a bit less than she had stated but she was happy enough to have the place rented for the time being so she just left it at that and said nothing, fully intending to eventually use that as an excuse to keep all the deposit money.
    If she was collecting the rent monthly, the rent amount should have been stated as x per month whereas if she stated it as x per week she should have collected weekly. And she should have said something much earlier if you were not paying enough rent, but I suppose technically if you were meant to paying more per week you do owe the money, but it's a bit ridiculous to expect you to pay all that in arrears at this point.
    Instead of just avoiding her completely, apologize for the confusion and say if it had been brought up earlier you would have paid the full amount each month but that you've used up all your available money on the deposit and rent for your new place and don't have any money to give her and say you're going to be actually even more broke than you thought you were because you were counting on getting that 180 back. If she's too lazy or stupid to collect the full amount of rent for nine months she's hardly going to come after you in any legal way for the other 75 quid which is all you would owe anyway (765/3 = 255 - 180 =75). 180 quid is a good bit of money but it's not a huge amount, anyway it's gone now and you can't really try and get it back because you weren't paying full rent (even if you didn't mean to underpay).
    Be sure and ask her why she didn't collect the rent weekly if she wanted x amount per week and why she didn't say anything for nine months, be interesting to see what she says. If she says 'Oh, I didn't notice'. just say 'Well neither did I. Very sorry." Don't give her a penny more even if she threatens some kind of action, she'll never follow through on it based on how she's been operating for the nine months.


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  • Moderators, Society & Culture Moderators Posts: 32,278 Mod ✭✭✭✭The_Conductor


    I disagree.
    You agreed to pay 135 a week.
    For convenience's sake you chose to pay 180 each a month.
    It was perfectly black and white- you were to pay 135 a week.
    While the landlord should have alerted you to the deficit you were building up, they do at least have the 180 deposit that can be drawn upon.

    Yes- there were mistakes made- however no matter how you rehash it- you do owe the money, your friends do owe the money- and going bolshie isn't going to resolve anything.

    You need to contact your friends- figure out how much your arrears are, and come to some arrangement with the landlord.


  • Registered Users Posts: 78,243 ✭✭✭✭Victor


    Ok so originally the house was up for 135 weekly. 3 of us took the house but began nine months ago paying 180 each per month and there has never been a problem until yesterday I asked for my 180 deposit back.
    How does the €135 relate to the €180?

    I don't think you have a case - other than against your housemates.


  • Moderators, Society & Culture Moderators Posts: 32,278 Mod ✭✭✭✭The_Conductor


    9 months = 39 weeks
    39 weeks @ 135 = 5265
    You (between you) paid
    9 months at 180 each = 4860

    Arrears owed= 5265-4860 = 405

    405 split 3 ways = 135 each

    If the house was being let @ 135 a week- this suggests she was letting the whole property- and not a room by room basis. Any one of you- normally the last one left, would normally be expected to finalise any bills for the letting. You are all jointly responsible for the letting.

    You need to contact your friends and get their 135s off them........


  • Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Ok so originally the house was up for 135 weekly. 3 of us took the house but began nine months ago paying 180 each per month and there has never been a problem until yesterday I asked for my 180 deposit back. at first this was fine then i get a text and the landlord said that the other tenants had not paid there last months rent. She then said she had looked back and seen that she is owed 765 rent due to her calculating weekly and us monthly. I realise that the original price was 135 weekly but surely she cannot now ask for back payment of the difference as she has not brought it up all year. I don't know what to do here and wonder if she can do this having accepted the rent monthly from each of us all year. Please help as soon as possible as have to meet her in the morning thanks
    When a number of people sign a single lease agreement for a property, as a single unit, they all become "jointly and severally" liable for the rent. This means that each tenant is collectively or individually liable for the rent. Thus the landlord may seek the rent from all the tenants, or in case of default of rent (i.e. rent arrears) from any one individual tenant.


  • Closed Accounts Posts: 505 ✭✭✭Koptain Liverpool


    Her maths sound wrong. I don't think the difference would be 750 over 9 months.
    Anyway it's her problem, she should have brought it up earlier.
    Don't give her a penny, she hasn't a leg to stand on despite what some posters on this thread may claim.


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  • Registered Users Posts: 7,879 ✭✭✭D3PO


    Her maths are wrong but your wrong to say its her problem

    If you agreed to pay a rental amount and have not done so you owe the money. There is no statue of limitations on it you owe it.

    As for giving her a penny I'm sure she has a deposit for which she is entitled to use to bridge the outstanding rent.

    She does have a leg to stand on despite your bullish uninformed post saying otherwise.


  • Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators, Social & Fun Moderators Posts: 22,293 CMod ✭✭✭✭Pawwed Rig


    I realise that I technically didn't pay n full but would she not have had to have give some sort of notice of non payment throughout the year to indicate this? She only noticed that the rent wasn't paid when she looked back yesterday but we have been paying it all along.

    You should have gotten a rent book confirming your payments.

    As others have said if the lease/agreement states €135 per week then why do you think you should pay less? The fact that you underpaid due to an 'error' in calculation from 1 or both of you doesn't absolve you from your payment obligations. You would have a case in the event that the landlord tries to apply interest to the outstanding amount but otherwise the person whose name is on the lease is ultimately liable for any shortfall.

    This is the sort of Maths we did in primary school when the teacher was trying to catch us out:D


  • Registered Users Posts: 13,238 ✭✭✭✭djimi


    As a matter of interest, in a dispute such as this, is the onus on the tenant to show that they have paid, or is it up the landlord to prove that they havent?


  • Registered Users Posts: 9,791 ✭✭✭sweetie


    A big question is how was your rent paid and where was it recorded?


  • Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators, Social & Fun Moderators Posts: 22,293 CMod ✭✭✭✭Pawwed Rig


    From my experience if the landlord can show bank statements showing normal payments, if any are missing that the tenant claims they paid then they should be able to show receipts for it. This is the reason for a rent book really but I understand that they are not always practical.

    That is why I pay my rent by bank transfer and receive all rent by the same method. It is also a good reason for a tenant not to pay an expense and deduct it from the monthly rent paid as it can muddy the waters later on.

    Both should be protecting themselves though. If they are cash transactions I would insist on a landlord signing a rent book every time I handed money


  • Registered Users Posts: 83 ✭✭petecork


    The landlords maths are correct

    2 of the 3 tenants didnt pay rent for the past 4 weeks

    €135 * 4weeks = €540, 2 peoples share of this is (540/3*2) €360, add to this the €405 arrears owed (as shown by smccarrick) which gives a total of €765.
    Her maths sound wrong. I don't think the difference would be 750 over 9 months.
    Anyway it's her problem, she should have brought it up earlier.
    Don't give her a penny, she hasn't a leg to stand on despite what some posters on this thread may claim.
    D3PO wrote: »
    Her maths are wrong but your wrong to say its her problem

    If you agreed to pay a rental amount and have not done so you owe the money. There is no statue of limitations on it you owe it.

    As for giving her a penny I'm sure she has a deposit for which she is entitled to use to bridge the outstanding rent.

    She does have a leg to stand on despite your bullish uninformed post saying otherwise.
    smccarrick wrote: »
    9 months = 39 weeks
    39 weeks @ 135 = 5265
    You (between you) paid
    9 months at 180 each = 4860

    Arrears owed= 5265-4860 = 405

    405 split 3 ways = 135 each


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