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Forgot to cancel rent standiong order, am I entitled to my money back?
wassupbob
Posts: 14 Forumite
I have just moved house and forgot to cancel my rent standing order for my last place, I only realised when the rent came out this month. It has now been cancelled.
I havent been able to get into contact with my previous landlord yet but where do i stand when i do?
I know its my fault for not cancelling the Standing Order, but am I legally entitled to my money back? Im hoping she will just agree and post me a check or something but if she says no what can I do?
I havent been able to get into contact with my previous landlord yet but where do i stand when i do?
I know its my fault for not cancelling the Standing Order, but am I legally entitled to my money back? Im hoping she will just agree and post me a check or something but if she says no what can I do?
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Comments
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Yes you are. But you might have to sue to recover it if she won't give it back. And you would probably have to pay court costs as it was your fault in the first place.0
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Where do you get that idea from? Might have to pay LL's reasonable costs in returning the money, but unless LL has offered mony less reasonable costs, I doubt that a court would make an order for costs in LL's favour.princeofpounds wrote: »Yes you are. But you might have to sue to recover it if she won't give it back. And you would probably have to pay court costs as it was your fault in the first place.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
The posts above are a little confusing.
You are entitled to the overpaid rent back less your former LL's costs in issuing the refund (eg bank charge if applicable, cost of posting you a check although most reasonable LL's will not charge). Why not simply write to your LL and ask them to refund?
If your LL refuses and you sue then you will have to pay the court fee initially but it will be added to the amount your LL has to return to you (ie when you win the LL will have to pay the court fee). The court will still allow the LL to reduce the amount of the refund by their costs in providing the refund.0 -
Just to be claer on that, I believe that the allowable costs on the part of the LL are for returning the money, NOT the LL's costs in defending any action.
If your LL refuses and you sue then you will have to pay the court fee initially but it will be added to the amount your LL has to return to you (ie when you win the LL will have to pay the court fee). The court will still allow the LL to reduce the amount of the refund by their costs.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
DVardysShadow wrote: »Just to be claer on that, I believe that the allowable costs on the part of the LL are for returning the money, NOT the LL's costs in defending any action.
Good point - I have edited my previous post to make it clear. How can it be so hard to say something so simple?0
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