Landlord taken accidental extra rent due to forgetting to cancel a Standing Order

lauracaveney93

Hi

I moved out of the property on the 11th of July and the term officially ended on the 14th of July. I paid my rent a month in advance £450 by Standing Order.

After leaving, my landlord did a check of the property and issued me with an invoice of £435. My initial deposit was £300 which is in the DPS (thank god). Nearly all of the charges on this invoices are baloney, invoicing me for installing a blind that was there on arrival etc. As such, the deposit is in dispute. They said they would accept the flat deposit of £300 but I refused as actual charges incurred by me are probably around £30 not £300.

Anyway, I had no idea that I had to cancel the Standing Order (I was not informed by the landlord) and as this is my first time renting I was probably quite naive to assume it was ended once I vacated the property.

However, of course another £450 left my bank account on the 14th of July. I only realised this yesterday (23/07/15). I emailed the landlord to request they send it back as it was sent in error.

They acknowledged they are not entitled to it but that it was my responsibility to end the Standing Order. They then said they would send me a cheque for £15 (£450 rent minus the charges of £435) and disclose the deposit to me, or I could disclose the deposit to them and they would send me a cheque for £315 (£450 rent minus £135(£435 charges minus the deposit)). Of course I did not agree to this either as I believe that I am entitled to all of the deposit as the flat is actually in a better condition now to when I moved in.

I informed them they could not keep this money as it was a separate matter from the deposit money to which they told me they could legally keep hold of any monies while the deposit is in dispute.

I have contacted citizens advice who directed me to Shelter who are looking into the matter, but as you can appreciate I am extremely nervous about having lost £750 and am now sitting in my overdraft. Any advice or help would be really greatly appreciated.

Thank you

Laura

thesaint

You should write a "Letter Before Action" stating that you require the return of your rent. Give them seven days and then do a claim at the County Court.

They could of course counterclaim.

nidO

As above, send an LBA then issue a court claim if the money isn't forthcoming.

However: Do yourself a favour and drop any inflammatory

lauracaveney93 wrote: »

Landlord taken accidental extra rent

lauracaveney93 wrote: »

I was not informed by the landlord

comments from your letter and any subsequent court claim - The landlord did not "take" any money from you, you gave it to him through your mistake, and neither is it his position to have to tell you to cancel your standing order or explain how your bank account works. This is like expecting someone to tell you not to post them a cheque next month if you were paying by cheque.

Not that any of the above excuses or absolves the landlord in any way, but just make sure you're clear that the landlord did not "take" the money, you mistakenly gave it to him.

clippy_girl

Have you tried contacting your bank to see if it's possible for them to take the money back? My friend did this and she was with nat west who said they could look into it for her (but in the end not needed as the account was closed so returned to her anyway). Worth a call to them to see

G_M

The damage claims and deposit issue seem to be in hand. It will go to adjudication.

As for the rent overpayment:

lauracaveney93 wrote: »

Hi


Anyway, I had no idea that I had to cancel the Standing Order (I was not informed by the landlord)
It is not his job to tell you how to manage your banking.
and as this is my first time renting I was probably quite naive to assume it was ended once I vacated the property.
How would your bank know that your tenancy had ended if you did not tell them?
You instructed them some time ago to pay the LL £450 each month. So that's what they will continue to do until you tell them to stop.
this is a matter between you and your bank - nothing to do with the LL.

However, of course another £450 left my bank account on the 14th of July. I only realised this yesterday (23/07/15). I emailed the landlord to request they send it back as it was sent in error.

They acknowledged they are not entitled to it but that it was my responsibility to end the Standing Order. They then said they would send me a cheque for £15 (£450 rent minus the charges of £435) and disclose the deposit to me, or I could disclose the deposit to them and they would send me a cheque for £315 (£450 rent minus £135(£435 charges minus the deposit)). Of course I did not agree to this either as I believe that I am entitled to all of the deposit as the flat is actually in a better condition now to when I moved in.
The LL is being cheeky. They should return the rent and then await arbitration re the deposit.
However, there's an old adage: 'possession is 9/10ths of the law'. the LL now has possession of your additional £450.

"Letter Before Action" stating you do not accept liability for the damage. The over-paid rent is separate, and you expect it to be returned within 7 days irrespective of the arbitration proces.

Send this BY LETTER to the correct address.

I informed them they could not keep this money as it was a separate matter from the deposit money to which they told me they could legally keep hold of any monies while the deposit is in dispute.
informed how?

Laura

Everything by letter.