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Rental deposit disagreement:

RichardNBS
Posts: 4 Newbie
Good Afternoon,
Any advice would be greatly appreciated.
Myself and a housemate were renting a property (Tenancy finished end of October 2014) my housemate was unsure on when the tenancy ended and accidentally sent them another months rent which was not required. The lettings agent has accepted that didn't need to send the funds but are not giving them back in case any repairs/cleaning are not fully covered by the deposit paid.
I just need to understand legally what we can do as surly as we paid a deposit for that very reason and the extra funds were an over payment they have no right to keep hold of these funds?
Is this a matter for a small claims court?
Apologies if this has an obvious solution.
Kind Regards
Rich
Any advice would be greatly appreciated.
Myself and a housemate were renting a property (Tenancy finished end of October 2014) my housemate was unsure on when the tenancy ended and accidentally sent them another months rent which was not required. The lettings agent has accepted that didn't need to send the funds but are not giving them back in case any repairs/cleaning are not fully covered by the deposit paid.
I just need to understand legally what we can do as surly as we paid a deposit for that very reason and the extra funds were an over payment they have no right to keep hold of these funds?
Is this a matter for a small claims court?
Apologies if this has an obvious solution.
Kind Regards
Rich
0
Comments
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write them a letter before action giving them 10 days to return the money.
Make sure you also point out that you will also be claiming your recovery costs from them.0 -
RichardNBS wrote: »Good Afternoon,
Any advice would be greatly appreciated.
Myself and a housemate were renting a property (Tenancy finished end of October 2014)
The easiest solution is to resolve the deposit issue. As soon as it is returned, or you agree on deductions if applicable, holding onto the extra rent become irrelevant and it too will be returned.0 -
Thank you for your responses; we have now been contacted by the letting agent with the invoice for the cleaning of the property. Quite predictably the invoice is for the exact amount that our deposit was. The invoice was also submitted to us on an excel document which you could edit.
I have explained to them that I expect a hard copy of the invoice on headed paper and signed. As it seems to convenient for the costs to be exactly the same as our deposit and be detailed on a format that could have been changed.0 -
RichardNBS wrote: »Thank you for your responses; we have now been contacted by the letting agent with the invoice for the cleaning of the property. Quite predictably the invoice is for the exact amount that our deposit was. The invoice was also submitted to us on an excel document which you could edit.
I have explained to them that I expect a hard copy of the invoice on headed paper and signed. As it seems to convenient for the costs to be exactly the same as our deposit and be detailed on a format that could have been changed.
As stated above, request the rent back in full within 10 days or you'll be required to hire a debt recovery agent with associated costs past on to them.
As for the deposit. Simply contact the deposit scheme people and have them sort out the dispute, without first hand knowledge its hard to say if you are liable for any deductions, but it seems the agents are not the most honest bunch so likely you'll get that, or at least the amount owed back to you.0 -
In which scheme was the deposist protected? Were you sent the prescribed information within the required 30 days?
Was a dual signed inventory done when you moved in? What did that say about the state of the property?
Two issues: letter before action re the overpaid rent. Depending on the above, reclaim 100% of the deposit from the scheme.If you've have not made a mistake, you've made nothing0
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