I paid too much rent by mistake, letting agent won't refund!

dartinm84

Hey Everyone,


I paid too much rent (a full month instead of part month upon moving out) by mistake and six months and several emails/phone calls on the letting agents haven't refunded me without giving reason. They have refunded the deposit though.

I feel like I have no alternative to go through the small claims route but before I do, could they have any way legally to get out of refunding me, given that I paid them money by mistake?

Cheers
Martin

marliepanda

Did you agree a pro rata rent?

AnnieO1234

Pro-rata rent is extremely unusual. Do you have any proof that this was acceptable? Usually rent and notice is calculated in full rental periods. How did the part payment become due? xxx

eddddy

How did you and the agent agree that you would only pay a part month (by email/letter/phone call)? What does the letting agent say when you ask for a refund?

If you go to the small claims court, it will be decided on the "balance of probabilities".

i.e. You will present evidence of why you are due a refund (e.g. the email, letter. details of the phone call). And presumably the agent will present evidence of why you are not due a refund.

The court will decide whose story sounds most probable.

dartinm84

Yes it was pro rata after I gave notice of leaving midway through the monthly rent payment dates and a leaving date was set for a month later. It was all agreed by email

Anyway I paid them too much and they have acknowledged the fact but they won't pay it back and won't give a reason. Do they know they can't be forced to if I take legal action?

eddddy

dartinm84 wrote: »

Yes it was pro rata after I gave notice of leaving midway through the monthly rent payment dates and a leaving date was set for a month later. It was all agreed by email

Anyway I paid them too much and they have acknowledged the fact but they won't pay it back and won't give a reason. Do they know they can't be forced to if I take legal action?

If you have email evidence (and the agent hasn't got any counter evidence), I would think the court would find in your favour.

If you win the claim, there's still no guarantee that they will pay voluntarily. They might just let a CCJ be registered against them.

So maybe you then instruct bailiffs to visit them...

(Or it may be that starting the court claim process will 'scare' them into paying up.)

See: https://www.gov.uk/make-court-claim-for-money/overview

AnnieO1234

Could you please post a copy of the wording? Agreeing notice served doesn't necessarily mean agreeing leaving on a specific date or pro rata.

So if a tenancy runs 1st to 31st with rent being paid one month in advance and on the 15th of the month the tenant serves one month notice that notice would be up to the 31st (or last day as applicable) of the following month.

If you served notice in the above example as "this is my one months notice I intend to vacate on the 14th of next month" still doesn't mean that the tenancy ended then.

Xxx

dartinm84

An email from the letting agent upon giving my notice on 1st of the month said "your final payment will be £(half months rent) on 15th" and I moved out on 1st of the next month. But I paid a full month by mistake.

They have acknowledged it verbally but ignore it in writing. Hmmm...

AnnieO1234

That being the case send them a letter before action and pursue as necessary. The LBA should be enough to get them to react xxx

dartinm84

Annie01234, I think you are right and the letting agent has made a mistake by agreeing to let me pay pro rata!

AnnieO1234

That's not your problem if you have the hard evidence! They accepted it and you acted in good faith. Okay you made a mistake but that doesn't mean they should be able to keep the money. Xx