Overpaid rent

Frank550

Hello,

My 81 year old mother in law, was renting a small cottage in Scotland for 6 months. Her tenancy ended in December and all her rent was paid on time. The standing order at the bank was cancelled yet the bank paid another month in error. This has led my mother in law to be in financial hardship for the remainder of january.

The deposit for 1 months rent is held in a deposit scheme.

The landlord is refusing to release the deposit and is also holding on to the overpaid rent in lieu of mysterious damages.

There was no inventory on take up of the rental.

My M-I L keeps a very clean tidy house, she lives on her own and even had the carpets professionally cleaned on her departure, thats the kind of tenant she is.

Landlord is claiming damage to a wood burning stove and damage to walls, and is therefore holding on to all the money in lieu pending quotes.

We will be disputing any refusal to release the deposit, I understand that these schemes usually find in favour of landlords so we expect that we will lose some if not all the deposit.

My point is though surely there is no legal way the LL can keep the rent overpayment. It used to be the case that if you received money in error and spent it thats theft, although very hard to prove and Im sure the Police will just send her away and say its a civil matter.

Can anyone help this pensioner in her hour of need?

Thanks

Guest101

Dispute the deposit using the scheme

small claims court the over payment (send letter first) - Scotland, this is the sherriffs?

Someone may know more

[Deleted User]

if the bank paid the standing order in error, can't the bank be contacted to make a refund? I realise its not under the same protection as a direct debit payment (which can definitely be clawed back).., but I would have thought this would be worth pursuing with the bank.

slopemaster

Yes, definitely pursue the SO error with the bank, rather then trying to get the LL to refund

theartfullodger

Agreed: Error by bank, pursue via Bank not landlord (Bank may have a problem with landlord but that's their problem)

With deposit, definitely pursue via adjudication with deposit scheme: At least in Scotland if it's in a scheme landlord can't wriggle out & insist on court action.

With no inventory mum is very likely to win.

Slàinte mhath!

Pixie5740

Agree with others. If the bank has made the error then your mother should pursue them for the overpayment.


As for the deposit protection schemes favouring the LL, where does that come from? The whole point of the schemes is that they are impartial. For the LL to successfully claim deductions he/she would require evidence...an inventory for example. Your mother's ex-LL doesn't have an inventory though. Oops. Good for your mum not so good for him.


Get your mother to log into the deposit scheme and claim her full deposit back.

Shelly1986

Frank550 wrote: »

We will be disputing any refusal to release the deposit, I understand that these schemes usually find in favour of landlords so we expect that we will lose some if not all the deposit.

Not if there is no inventory. How can he prove it?? Contact the deposit service today and start a dispute. The onus will then be on the landlord to cough up or shut up. My money is on your mother getting 100% of it back.