Lettign agent refusing to repay rent they were not entitled to

jaffy1229

Hi,
I forgot to cancel my standing order after moving out of a rented property, a few weeks after my tenancy ended and I moved out of the property, £450 was transferred to the letting agent from my bank account.

I contacted them and requested them to transfer the money back. After a few days I was told the money had been transferred to the landlord. The landlord refuses to repay the money back as I disputed the deposit and seems to be holding onto that money as security. However I feel that's not his money to have and should be paid back immediately

So my question is, what is the legal situation regarding the rent I paid the letting agent? Are they liable to repay me, or the landlord? Should i make a claim against the letting agent or landlord if both are refusing to pay back the money?

Thanks for any advice.

Guest101

Both. It's also a criminal offence. You can actually report it to the police.

quidsy

I would contact letting agent & advise them that the funds must be returned within 24hrs or you will report the criminal offense to the police. Then follow through with it. Presumably you have the LL's name & address, after 24hrs contact the police, make a report & let them pay him a visit. He has basically stolen money from you. Treat him as you would any thief.

Forgot to say, go to police with copy of end of tenancy date, copy of statement showing payment made to LA in error & any documentation you have from LA stating that funds were forwarded to LL & tat LL has refused to return. Deposit dispute is not a good enough reason for them to hold your funds, the DPS is what that is for,

jjlandlord

Don't bother wasting time with the police as this will be considered a civil matter.

Send a letter before action to your ex-landlord, or ask a solicitor to do it for added effect (but it would cost).
Then start a money claim against him if necessary.

The lesson learned is obviously not to forget about cancelling standing order/direct debits whenever you cancel any recurring contract.

Guest101

jjlandlord wrote: »

Don't bother wasting time with the police as this is a civil matter.

Send a letter before action to your ex-landlord, or ask a solicitor to do it for added effect (but it would cost).
Then start a money claim against him if necessary.

The lesson learned is obviously not to forget about cancelling standing order/direct debits whenever you cancel any recurring contract.

It's a criminal offence to hold onto credit to which you are not entitled to.

Pixie5740

Yes, but the police don't have the best track record with helping tenants. I'd go for the LBA and if that didn't work then small claims court and possibly the police.

Guest101

Pixie5740 wrote: »

Yes, but the police don't have the best track record with helping tenants. I'd go for the LBA and if that didn't work then small claims court and possibly the police.

Agreed re police saying these are civil matters. But to add that a call from a copper is usually enough to sort it. I've found if you are polite at the station, explain the law which is being broken, they can be quite accomodating.

I happen to know a couple of police personell, which helps

But a call to 101 and arranging a meeting / telephone statement is quicker than 14 days LBA and MCOL.

Either way, the OP will get their money back

jaffy1229

Thanks everyone for the advice. I decided to make a claim against them as they still haven't responded to my lastest email.

I will also report it if they still refuse to repay. I don't know how illegal it is, but it seem the landlord is trying to make me retract the disputed deposit and only then will he repay the money back, which is a separate issue entirely.

Cheers

Pixie5740

You're right the deposit and the rent are two separate issues. Before going for court action send a Letter Before Action (paper, in the post, good old fashioned snail mail).

jjlandlord

Guest101 wrote: »

But a call to 101 and arranging a meeting / telephone statement is quicker than 14 days LBA and MCOL.

You assume that they will care and that this is criminal.

If people were calling the police every time they have to wait to get a refund on an overpayment it would be a right mess.
Let's not start suggesting people to waste police time.

Marvel1

jaffy1229 wrote: »

I don't know how illegal it is, but it seem the landlord is trying to make me retract the disputed deposit and only then will he repay the money back, which is a separate issue entirely.

Cheers

That is blackmail and is illegal.