Advice on reclaiming overpaid rent

hairypitz

Hi I've moved this across from the reclaim forum...
We recently moved out of our rented property to go travelling with a view to emigration.
It was a very fraught time, trying to get rid of our furniture and car, quitting jobs, trying to arrange job leads abroad etc. We were great tenants and had a good relationship with our landlord who lived next door. He requested we clean the carpets and downstairs windows, replace blown bulbs... and we did everything he requested. In addition we hired professional cleaners to do an end of tenancy clean (this was completed satisfactorily and was apparently very straightforward as we kept a clean home)
We gave more than a month's notice and moved out on 5th September but there are a couple of issues regarding rent overpayment that I'd appreciate advice on
1. During our last month, I noticed that a full month's rent had been paid by standing order and I should only have paid 3 weeks worth - I realised this and discussed it with the landlord before I left. He asked for my bank details and assured me his wife would arrange repayment.
2. The following month, a further full month's rent was taken as I stupidly forgot to cancel the SO in all of the madness (now cancelled)

I sent several texts to my landlord as I was also waiting on him doing his part of the Deposit Protection Scheme refund. Although he has completed the DPS stuff he hasn't replied to my texts, which is unusual and the money overpaid which amounts to around £1000 hasn't been put into my account yet either. I sent the first text on Sept 21st then another on Sept 24th.

I want to give my landlord the benefit of the doubt and enough time to sort this out without resort to legal recourse but I'm starting to get a little worried he may try to keep the overpaid rent and take advantage of the fact that I'm out of the U.K. and may not return.
Can I reclaim through the small claims court if it comes to it? I noticed I could do this online but can I do it while abroad?

Can anyone provide advice? Thanks!

Guest101

hairypitz wrote: »

Hi I've moved this across from the reclaim forum...
We recently moved out of our rented property to go travelling with a view to emigration.
It was a very fraught time, trying to get rid of our furniture and car, quitting jobs, trying to arrange job leads abroad etc. We were great tenants and had a good relationship with our landlord who lived next door. He requested we clean the carpets and downstairs windows, replace blown bulbs... and we did everything he requested. In addition we hired professional cleaners to do an end of tenancy clean (this was completed satisfactorily and was apparently very straightforward as we kept a clean home)
We gave more than a month's notice and moved out on 5th September but there are a couple of issues regarding rent overpayment that I'd appreciate advice on
1. During our last month, I noticed that a full month's rent had been paid by standing order and I should only have paid 3 weeks worth - I realised this and discussed it with the landlord before I left. He asked for my bank details and assured me his wife would arrange repayment. - That is not how notice works. Your notice must align with the rent periods.
2. The following month, a further full month's rent was taken as I stupidly forgot to cancel the SO in all of the madness (now cancelled) - Assuming this was for the next months period, you are entitled to this back.

I sent several texts to my landlord as I was also waiting on him doing his part of the Deposit Protection Scheme refund. Although he has completed the DPS stuff he hasn't replied to my texts, which is unusual and the money overpaid which amounts to around £1000 hasn't been put into my account yet either. I sent the first text on Sept 21st then another on Sept 24th. - Send a letter. Also technically this is against the theft act, which you may wish to highlight.

I want to give my landlord the benefit of the doubt and enough time to sort this out without resort to legal recourse but I'm starting to get a little worried he may try to keep the overpaid rent and take advantage of the fact that I'm out of the U.K. and may not return.
Can I reclaim through the small claims court if it comes to it? I noticed I could do this online but can I do it while abroad?

Can anyone provide advice? Thanks!

You need to hire a solicitor if you cannot be here in person.


However as I said, this is a criminal offence, contrary to the theft act. The police rarely act, but the threat may be enough to get the money back.


(assuming England or Wales and your tenancy was periodic)