I paid too much rent and can't get it back

Solune

Hello,
I moved out of a house on the 30th of November.
My tenancy agreement was running from 14th to 14th and I forgot to change the amount of my direct debit... as a consequence I paid a full month where I should have paid only half.

I contacted the landlord by phone and email but still no money.
They gave me a recommendation letter and my deposit back but on the subject of the last rent they are ignoring me.

How can I make a more official request ?

Thank you.

dimbo61

When did you give notice in writing ?
Were you still on the fixed tenancy period or on a periodic tenancy ?

Solune

I gave notice a month in advance according to my break close and the landlord agreed to the moving out date.

As for the second question I am not sure (I am not English I have a hard time making the distinction)
If it can help I signed a one year tenancy agreement in January 2011 which was renewed in 2012 and I used the break close a little before the end of the second year.

BitterAndTwisted

More pertinent is what the rental periods were. If, as you said, your rental periods ran from the 14th to the 13th of the month following (not the 14th to the 14th as that would have been a month and a day) then just because you decide to leave in the middle of a rental-period does not mean that you are automatically entitled to pay only a half of a month's rent.

Solune

Yes the period was 14th to 13th.
As the landlord was properly warned and agreed to the moving out date (and found a tenant for the 1st of December) I thought I could ask them for the money back.
Am I mistaken ?

Kynthia

Have they just ignored your letter regarding the overpaid rent or have they claimed that you have not overpaid and they are entitiled to that money?

You could try writing them a letter with the heading 'Letter before action' and state that you request the return of your funds within 14 days, provide your address for a cheque, and state that if they do not do so you will take them to small claims court.

Solune

They have just completely ignored the request.

I was thinking about a letter like the one you are suggesting but I wanted to make sure it was the right thing to do before sending anything

Kynthia

It's a bit difficult for us to know whether you have truly overpaid rent as we don't know what was agreed with the landlord and what the break clause stated and even whether you properly complied with it. However usually you can't pay for part rental periods, only whole periods. For example, if you stayed in the property until the 14th of any month a whole rental period's rent is due.

Solune

I can imagine, thank you for trying

The tenancy agreement only said to write 30 days in advance to use the break clause, never that it should have been at the end of the period.
The period was 14th November to 13th December, I left on the 30th November with accord from the landlord.
He agreed to that date by phone and asked for a letter which I sent but I don't have a written proof of him agreeing.