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Niamhdaniels96
Posts: 3 Newbie
Hi there,
My old lettings agency took a months rent out of account when they weren't supposed to as I had moved out a few days prior to that. They deducted money for cleaning, admin and for returning my keys in late - which I can understand. However, they are not giving me back the rest of my money until the utility bills have been paid for and closed. Can they do this?? Please help!!! ☹️
My old lettings agency took a months rent out of account when they weren't supposed to as I had moved out a few days prior to that. They deducted money for cleaning, admin and for returning my keys in late - which I can understand. However, they are not giving me back the rest of my money until the utility bills have been paid for and closed. Can they do this?? Please help!!! ☹️
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Comments
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No, they cannot do any of that.
HOWEVER they also didn't take money out of your account did they? you forgot to cancel the standing order.
The utility bills are nothing to do with them. I suggest you claim the full amount back via small claims court.0 -
Yes I forgot to cancel the standing order which is purely my fault.
Me and my old lettings agency have been contacting through email - should I now threaten to take them to a small claims court?
Thank you for your reply0 -
Niamhdaniels96 wrote: »Yes I forgot to cancel the standing order which is purely my fault.
Me and my old lettings agency have been contacting through email - should I now threaten to take them to a small claims court?
Thank you for your reply
There is a two pronged approach.
1 is reporting the technical theft. The police may say it's a civil matter, but the theft act makes it an offence to keep wrongfully credited money. You would need to read up on this, bring paperwork and be prepared to argue the case with the officer.
2 is issuing a letter before action then making a civil claim.0 -
Why don't you just pay the utility bills? Considering court action seems like complete overkill when there is a simple solution.0
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There is an outstanding bill with utilities - I moved out because I couldn't afford to keep up with the bills. I have came to an agreement with the utility providers that I pay the outstanding bill off bit by bit so therefore won't be payed off fully for another few months0
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Why don't you just pay the utility bills? Considering court action seems like complete overkill when there is a simple solution.
That's separate though.
it's like a letting agent not returning your money until you paid off your credit card.
in any case, the OP may need that money to pay it!0 -
I would write a letter before action as Guest suggests (Google it - it's pretty straightforward) and demand the money back.
Personally, I would say that ALL of the stuff they've taken out (cleaning, admin and for returning my keys in late) is a matter for the deposit (dealt with separately), and you require ALL of the money back immediately.
Say that unless you receive the money within 2 days you will (i) report the theft to the police and (ii) file a Money Claim Online (MCOL).
In those 2 days you can look at how simple it is to file a MCOL.0 -
Depends. Since it appears the utility accounts are in your name (not the landlord's or the agency's) then the bills are not their concern.Niamhdaniels96 wrote: »Hi there,
My old lettings agency took a months rent out of account when they weren't supposed to
No - that was down to you.
as I had moved out a few days prior to that. They deducted money for cleaning, admin and for returning my keys in late - which I can understand.
OK. And you accept the amount deducted yes?
However, they are not giving me back the rest of my money until the utility bills have been paid for and closed. Can they do this?? Please help!!! ☹️
Write (yes a letter, to the landlord & copy the agent) and tell them so, and request the balance of your deposit back within 3 working days.
If this does not work, raise a dispute via the deposit scheme. See
* Deposits: payment, protection and return
Re the over-payment you made: Letter Before Action.
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Depends. Since it appears the utility accounts are in your name (not the landlord's or the agency's) then the bills are not their concern.
Write (yes a letter, to the landlord & copy the agent) and tell them so, and request the balance of your deposit back within 3 working days.
If this does not work, raise a dispute via the deposit scheme. See
* Deposits: payment, protection and return
It was an overpayment of rent, not deposit (or possibly both)0
This discussion has been closed.
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