Overpayment Am I Liable To Pay Back

[armanimick]

Dear Answerbank

I let my flat to supplement my income following forced early retirement due to a brain haemmoarghe.

I let to a housing association through my local council to save headaches. The housing association agent quoted in writing a rent of 280 per week and contract was signed. Few weeks later, agent text me to say she had mis quoted and rent was 186 per week... I asked for this in writing and another agent said she would add a letter (addendum) to my contract and would waive their annual fees for the inconvenience.

Eventually I agreed to continue letting through them even though could get more through open market.

1st rent payment received, they paid me on higher rate. I mailed to say "I think you have the rent wrong" and FInancial Controller mailed back to say " I assure you the rent we are paying you is correct".

I left it at that and am getting higher rate on which I will pay tax when I submit my tax forms.

If they claim it back, can I pay at a nominal rate per week ? Should I draw their attention to the so called "addendum to my lease with them or simply leave it ? If they claim it back, can I claim back the tax I will have overpaid too ?

Thanks people,

[rojash]

"another agent said she would add a letter (addendum) to my contract "

Was that actually done?

[armanimick]

Hi Rojash, I would imagine so, I was sent a copy in email form however I never signed anything except the contract showing original rent

[rojash]

In that case, I would say you are quids in. You have a signed contract that says 280, they've paid you 280, and you have a confirmation that the amount paid is correct.

[DangerUXD]

leaving aside the point made by rojash for the purpose of this explanation lets assume you are being overpaid by£94 per week. When they realise they can ask for it back in full and go through the courts to get it. Any nominal rate will be agreed in court if you let it get that far. In reality they probably will agree to some sort of instalment repayment if you cooperate rather than go to court. Any such repayment will then become an expense that you can use to offset tax years in which it occurs. Rojash may well be correct that they have nothing on you so just sit and take the extra but if it turns out they do have something then it could get very expensive.