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overpaid my rent and am £1000 plus out of pocket
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brokeinwales
Posts: 425 Forumite
The nice people over on the debt-free wannabe board have suggested I ask for advice here about a problem with my old landlady.
I moved out of the property at the end of June. Due to an error at the bank, my standing order for rent wasn’t cancelled and was paid through to the old landlady on the usual date in July – as I also had rent to pay on my new place, this left me seriously out of pocket (and I do mean seriously!)
I phoned the old landlady as soon as I realised what had happened (and had spoken to the bank to find out they couldn’t / wouldn’t help) – she was very blas! about it and said “Oh I’ll check later and sort it out.” She also mentioned that there was some money owing on the account for damages (but didn’t say what these were) and she would “just take it out of that”. I asked her to send me an itemised list of what she was charging me for. I also have not yet received my deposit back – so she owes me a total of over £1000 (or an explanation).
This was over two weeks ago and I have not seen either the money or a list of what it’s been with-held for. I emailed her just over a week ago to remind her about it – several days later I received a reply saying “I’ve been away for a few days. I’ll sort it out this week.” I felt a bit fobbed off, but gave her the benefit of the doubt. On Friday I followed up with a polite “Have you got anywhere with this because I’m really struggling financially.” Email on Friday, but have not received anything back.
I know some damage may have been caused to the flat, and I am willing to pay for this (although as she did not do an inventory, and never got around to giving me a copy of the contract I’m not sure where I stand in regards to this), but I’m sure it wasn’t £1000 plus –worth. She has never given me details of a tenancy deposit scheme, or a postal address.
It has been suggested I try the CAB, but unfortunately my local office seems to be closed until further notice, making it a bit tricky – can anyone help? I am not all that clever when it comes to things like this, so if anyone can help me understand what my rights are and what to do, it’d be really very much appreciated.
I do have a problem in that I don’t have a postal address for her. Only phone and email – I’m a bit scared to call her as I’m not great at being assertive over the phone. If anyone has any ideas on how I could make her take me more seriously I’d love to hear them. I feel like I’ve been fobbed off - her behaviour is what you’d expect from someone who owed you a fiver (the “oh I’ll get round to it” business) , not the equivalent of a whole month’s wages.
I don’t want to pester her or create bad feeling, but I do really need this money as I’m in serious debt (and stacking up interest on it) and existing on virtually no cash at all as a result. What can I do?
Thank you for reading
I moved out of the property at the end of June. Due to an error at the bank, my standing order for rent wasn’t cancelled and was paid through to the old landlady on the usual date in July – as I also had rent to pay on my new place, this left me seriously out of pocket (and I do mean seriously!)
I phoned the old landlady as soon as I realised what had happened (and had spoken to the bank to find out they couldn’t / wouldn’t help) – she was very blas! about it and said “Oh I’ll check later and sort it out.” She also mentioned that there was some money owing on the account for damages (but didn’t say what these were) and she would “just take it out of that”. I asked her to send me an itemised list of what she was charging me for. I also have not yet received my deposit back – so she owes me a total of over £1000 (or an explanation).
This was over two weeks ago and I have not seen either the money or a list of what it’s been with-held for. I emailed her just over a week ago to remind her about it – several days later I received a reply saying “I’ve been away for a few days. I’ll sort it out this week.” I felt a bit fobbed off, but gave her the benefit of the doubt. On Friday I followed up with a polite “Have you got anywhere with this because I’m really struggling financially.” Email on Friday, but have not received anything back.
I know some damage may have been caused to the flat, and I am willing to pay for this (although as she did not do an inventory, and never got around to giving me a copy of the contract I’m not sure where I stand in regards to this), but I’m sure it wasn’t £1000 plus –worth. She has never given me details of a tenancy deposit scheme, or a postal address.
It has been suggested I try the CAB, but unfortunately my local office seems to be closed until further notice, making it a bit tricky – can anyone help? I am not all that clever when it comes to things like this, so if anyone can help me understand what my rights are and what to do, it’d be really very much appreciated.
I do have a problem in that I don’t have a postal address for her. Only phone and email – I’m a bit scared to call her as I’m not great at being assertive over the phone. If anyone has any ideas on how I could make her take me more seriously I’d love to hear them. I feel like I’ve been fobbed off - her behaviour is what you’d expect from someone who owed you a fiver (the “oh I’ll get round to it” business) , not the equivalent of a whole month’s wages.
I don’t want to pester her or create bad feeling, but I do really need this money as I’m in serious debt (and stacking up interest on it) and existing on virtually no cash at all as a result. What can I do?
Thank you for reading
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Comments
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If the overpayment was genuinely a bank error related to a cancellation of a s/o, then they should refund it to your account once you show them proof of this.
It seems like you never had a proper contract (which will have had a postal address for the LL), deposit details or inventory? Please tell us you have all this paperwork for your new place.They are an EYESORES!!!!0 -
Out,_Vile_Jelly wrote: »If the overpayment was genuinely a bank error related to a cancellation of a s/o, then they should refund it to your account once you show them proof of this.
It seems like you never had a proper contract (which will have had a postal address for the LL), deposit details or inventory? Please tell us you have all this paperwork for your new place.
I asked the bank about this. They told me that they couldn't do anything. I don't have any evidence. I just went in to the branch and asked them to cancel it and they pressed some buttons and told me they'd done it.
There was a contract. My ex and I read and signed it, then the landlord's rep-person said he only had one copy so he'd take it away and photocopy it. Despite repeated requests a copy was never returned to us. I did request an inventory several times, but again was told taht they would do it "next week" several times - in the end I gave up asking as we'd already been there several months.
I do have all the paperwork for my new place - contract, inventory and deposit details.0 -
Can you just clarify whether there was actually an inventory signed at the time you moved in and you just didn't ever receive a copy, or was there no inventory ever agreed? If there has never been an inventory then i do not believe she can make ANY deductions from your deposit as she has no proof of the condition of the property when you moved in.
Is there no way you can track down a postal address for her? Sounds like you went via a letting agent, they must have the address? If I were you I would write to her recorded delivery requesting the return of the deposit and overpaid rent within a set timescale. If you get no response after that, then start proceedings through the small claims court to get your money back - sounds to me like you have a pretty solid case, although hopefully some of the experts will be along soon to give their opinions!
Also, when did you move into the property? If it was after a certain date (April 07I believe) then you can sue for 3 x your deposit back if she has failed to protect it in a tenancy deposit scheme - perhaps a mention of this may make her more co-operative on the other issues!0 -
not_tonight_josephine wrote: »Can you just clarify whether there was actually an inventory signed at the time you moved in and you just didn't ever receive a copy, or was there no inventory ever agreed? If there has never been an inventory then i do not believe she can make ANY deductions from your deposit as she has no proof of the condition of the property when you moved in.
Is there no way you can track down a postal address for her? Sounds like you went via a letting agent, they must have the address? If I were you I would write to her recorded delivery requesting the return of the deposit and overpaid rent within a set timescale. If you get no response after that, then start proceedings through the small claims court to get your money back - sounds to me like you have a pretty solid case, although hopefully some of the experts will be along soon to give their opinions!
Hi, thanks for this.
No inventory was done at the time I moved in (it was an unfurnished flat btw). Landlady did walk around with me shortly before I moved out to do an "inventory" - she recorded "wear and tear" - nothing else. Though I believe there was some water damage in the kitchen that I thought I may be charged for, she didn't record or mention this. She did ask me to do a general clean and clean the oven befor eI moved out, which I did (although she claims I didn't)
The situation is odd - I didn't go through a letting agency, but the landlords did own a building management business at the time of letting and used employees from there as representatives for us to deal with (it was a differnet person every time). As far as I understand it, that business no longer exists and I deal directly with the landlady. I do have an address for the old business somewhere.
What on earth would I put in a letter though? How would I phrase it? What if she just ignores me again?
Moved in August 2007 I think.0 -
1. If your contract was signed or re-signed after April 07, the LL should have protected your deposit in a scheme. You need to contact all three schemes to see if one of them has your deposit.
These are the three schemes:
http://www.direct.gov.uk/en/TenancyDeposit/DG_066391
2. If she has NOT protected it, you need to write her a letter:
* point out you have checked with all three deposit schemes and she has failed to put your deposit in one, as was her legal requirement, and failure to do so means the tenant can claim back 3x the deposit.
* Point out the bank error and extra money she has received.
* Point out that no inventory was signed, so it's impossible to know what damage was there when you moved in.
You could then go on to say that unless you receive back your full deposit and over payed rent within the next 14 days, you will start court proceedings to claim back 3x the initial deposit.
If you feel you DID cause damage, then maybe change the above giving her permission to deduct what you consider a fair amount.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
Pinkshoes has it. What is described is a letter before action.
You may need to go to court to get it resolved, but this is not as scary as it sounds. You just need to be well evidenced and well prepared. If you are just suing for money, you can use moneyclaimonline to start off, if the penalty you need to use an N208 form I believe.0 -
Yes Pinkshoes has the way to reclaim the money but first we need to deal with the fact that the OP does not have an address for the LL. One way or another you should get a least your deposit back - and it is likely that you will ge the rental overpayment back as well.
OP - the first priority is to get a mail address for the LL. One option would be to ask the LL for their address but it would be best to do this before talking about court etc. It is very important as without the address you are unable to go to court. Unfortunately, the law which requires a LL to give their T an address only applies for the duration of the tenancy.
If you LL refuses to give you their address then post back and we will try to come up with some other options. I'm afraid that you may need to wait to next month to start the court process anyway as you have to pay up front and I know that your money this month is mostly being spent on baked beans!
If you are certain that you asked your bank to cancel the standing order then you should raise a formal complaint. Your bank should then listen to the phone call in which you asked them to cancel and, if you did indeed request this then they should refund any money paid in error. Please note that standing orders, unlike direct debits, run on indefinately until specifically cancelled by the account holder. If your bank still refuses a refund following your complaint then you can ask the FOS to adjudicate.0 -
i think you should go to your local council and speak to the Private Sector Housing officer - or a similar titel - they will certainly help you write a letter and may be able to offer you help in finding your landlady
in the meantime - on here - find Eagerlearner and read her long thread on getting her deposit back - you will learn a great deal from it.
i think this is an amateur LL who hopes you will go away...
even tho you have no written agreement - the fact that you could show a judge rent being paid - and overpaid - proves there is a TEnancy
going to small claims court is nothing like the "tele" - its one small room with 3 desks, the judge in a suit, you and the LL and judgees are always very helpful to tenants. you can take a freind with you to support you
bw0 -
Apply to the Land Registry for details of ownership of the property. This will cost you about £8 and give you the name and address of the owner of the property. It will also tell you if the property is mortgaged and the name of the finance company. LL's who muck you around may be letting without the consent of the mortgagee let alone declaring the rents to the taxman. These are useful levers if you have to play hardball, especially when you need to challenge their veracity in the witness box. In the pre-trial exchange, ask for a copy of the tax return to show the rents were declared. You are unlikley to get this, but it may put the other side on the spot.
If the bank made an error AND you are able to PROVE this( which may be an impossible hurdle), you should lodge a complaint with them first before taking the matter to the Financial Ombudsman.0 -
Apply to the Land Registry for details of ownership of the property. This will cost you about £8 and give you the name and address of the owner of the property. It will also tell you if the property is mortgaged and the name of the finance company..
It costs £4 for the Title Register.
"a title register where you can find out who owns the house or land, price paid/value stated information if sold since April 2000 and any rights of way or restrictions on the land noted on the register"
http://www.landregistry.gov.uk/wps/p...roperty_SearchRENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0
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