Renter's Deposit overpaid. Pay back?

olibearhorse

Give it back.

Meatballs

shelly wrote: »

Did you not read the second sentence then, as quoted below......

Funny because I did read it:

Reading Comp.:

Originally Posted by kayj_prod View Post
Hi,
We have just had a deposit returned to us for a house we rented for 6 months. No problems there, except the agents paid us £100 too much.

There is no mention of WHEN the OP realised they had been overpaid £100. It could be as soon as they had it, or it could be anytime after until the Agent actually informed them.

Being sensible, I have whacked the whole deposit sum straight into our mortgage account as it didn't form part of our budget.

This could mean that they had not budgeted for the original deposit being returned to them (many people forget about deposits) so they put it away to prevent them spending it. There is no mention that they specifically put the excess £100 away to prevent access. It is easy to read it like that due to the way the OP has structured the post, but in truth it is too vague to be definitive.

The OPs point is not clear, people are jumping to conclusions and judging it based on their interpretations without asking for clarification.

olibearhorse

:rotfl: you're bad but you make me chuckle:p

Meatballs

Handbags.

wifeforlife

wecanhelpu wrote: »

You're right, I have mistakenly assumed the OP is a BTL landlord and my response was constructed as such. If they were then I would stand by everything I said.

Since they are not, I apologise to them for my calling them
"f*cking chancers" and would say to them instead : "keep the money".

As for exposing elements of my character, I say to you:
"p*ss off, I will say what I feel and if you don't like it, tough"

Obviously a very limited vocabulary, nobody has attacked or been derogatory to you so I dont see why your being so abusive, surely you can convey your opinion without using such offensive language


Cate

wifeforlife

kayj_prod wrote: »

Hi,
We have just had a deposit returned to us for a house we rented for 6 months. No problems there, except the agents paid us £100 too much.

Being sensible, I have whacked the whole deposit sum straight into our mortgage account as it didn't form part of our budget.

The agents have now realised their mistake and are asking for it back. Yes, morally, I should give the £100 back, but do I have to? Doing so <I>will</I> affect our budget.

So, legally, do I have to give it back?

In short legally and morally you do have to give it back

Cate

olibearhorse

cathy2702 wrote: »

Obviously a very limited vocabulary, nobody has attacked or been derogatory to you so I dont see why your being so abusive, surely you can convey your opinion without using such offensive language


Cate

I recognise this 'offensive language', I am told it is 'professional swearing'.

wifeforlife

wecanhelpu wrote: »

What a load of Bolloc*s

:rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl:

olibearhorse

That's settled then.

kayj_prod

Thanks for the, er, varied responses!

I know its been a while since I posted- I looked at the first responses and then forgot about it. (Must update subscription settings.)

I've always felt the purpose of a forum in part at least, is to pose questions which may be controversial. I was interested in the legal position I was in, not the moral position. I completely agree with most responses that I should give, and in fact have given it back.

To clarify some points raised:
I was the tenant- not land lord.
The deposit was paid into our mortgage account not a high interest account as this was the intention when our deposit was returned- it is extra money. I am of the opinion that over payment is the best way I can use money beyond my savings as the sum reduces the length of time I will be in debt. (The magic of compound interest and all that.) So far it is working well and I have managed to reduce the term on my mortgage considerably. (This is my second property and the tenancy was a stop gap.) I am on a tight budget and £100 does make a difference. Admittedly, this is of my own making as I want to be mortgage free within the next five years.
When the money was paid in by my other half, she did not know the sum was incorrect.

Incidentally, had the deposit have been underpaid I would have immediately been on the phone asking for the remainder, but then the agency would have an obligation to return that. A situation which many people will know. However, I thought my question was interesting because of the reversal of the situation.