Overpaid rent not being refunded

lopsyfa

Summary:
Landlord and agency terminated AST 11 months into 12 months tenancy because landlord wants to move back in but they are refusing to refund overpaid rent. What can I do to get my overpaid rent back - moved out 10 days ago.

ThePants999

Overpaid rent is a separate issue to the deposit, so don't worry about waiting for one to be resolved before you chase the other. You'll need to use the small claims court for the overpaid rent - send a letter before action.

Pixie5740

Most of the OP is irreverent. Could you be more concise please?

From what I can gather the salient points are:

* 12 months AST started 1st May 2016.
* Landlord wanted to move back into property once fixed term ended i.e. after 30th April 2017
* Landlord does not appear to have served a Section 21 notice
* Landlord then asks you to vacate the property earlier than 30th April 2017 by negotiating an early surrender because they have lined up another tenant despite originally saying they were going to be moving in.
* You vacated the property 25th March 2017.
* You have paid rent up to 30th March 2017.....?
* You would like 5 days rent back,

Do you have anything in writing regarding the early surrender of the tenancy? If so was anything mentioned about being refunded 5 days worth of rent?

In your shoes I would send a letter of action to both the letting agency and the landlord requesting the return of the 5 days of rent within the next 7 days. If you don't receive the rent within that timescale then you'd need to take action i.e. taken them to small claims court.

Pixie5740

Previous thread about the same thing:

https://forums.moneysavingexpert.com/discussion/5615444

lopsyfa

Pixie5740 wrote: »

Previous thread about the same thing:

https://forums.moneysavingexpert.com/discussion/5615444

Yes, Pixie. Same story but different timeline. I have even decided to wait to move out and still not refunded. Most advice in that thread is not to move out but that is basically what the agency wanted.

The issue now is, I have moved out and the rent is still not refunded.

lopsyfa

Pixie5740 wrote: »

Most of the OP is irreverent. Could you be more concise please?
It is just a background - editted with the summary if you find the full OP irrelevant. The landlord is trying to cut his loss of a month's rent by unfairly withholding the rent and now making false claims about the condition of the house to take money out of my deposit. The rent is only part of the story. Why this thread is different from the one you linked to.
From what I can gather the salient points are:

* 12 months AST started 1st May 2016.
Started 29-Apr
* Landlord wanted to move back into property once fixed term ended i.e. after 30th April 2017
Fixed term ended 29th-Apr, but they are basically moving in the next day
* Landlord does not appear to have served a Section 21 notice
The letting agency served section 21 to move out on 29th-Apr with sufficient notice. But landlord and agency then call to discuss moving out early. No other notice was served.
* Landlord then asks you to vacate the property earlier than 30th April 2017 by negotiating an early surrender because they have lined up another tenant despite originally saying they were going to be moving in.
They lined in another tenant for their OTHER property. The one they currently lived at. They offered it to us but we said no.
* You vacated the property 25th March 2017.
Gave them key on 24th-Mar
* You have paid rent up to 30th March 2017.....?
29th-Mar. Yes not a lot of money (about 120GBP) but I feel it should be refunded nonetheless. Initially thought I paid till end of Apr, lucky for me the first standing order went out a month after. If not, the money will be a lot more.
* You would like 5 days rent back,
Yes
Do you have anything in writing regarding the early surrender of the tenancy? If so was anything mentioned about being refunded 5 days worth of rent?
Unfortunately no, only when we discussed on phone - several times. But I managed to get the lettings agency manager to put it in writing that they are the one asking for the surrender of the AST.
In your shoes I would send a letter of action to both the letting agency and the landlord requesting the return of the 5 days of rent within the next 7 days. If you don't receive the rent within that timescale then you'd need to take action i.e. taken them to small claims court.

Please see the answer to your questions. Thanks for your advice.

Guest101

You didn't have to leave - so it would've helped if you'd come here. You could've negotiated a payment of several hundred pounds


Now you need to go via small claims court

lopsyfa

Guest101 wrote: »

You didn't have to leave - so it would've helped if you'd come here. You could've negotiated a payment of several hundred pounds


Now you need to go via small claims court

I will rather not go though the trouble. Not sure this guy (https://forums.moneysavingexpert.com/discussion/5588042) managed to get his several hundred pounds. If they don't end up paying up, I'll take them to small claim court and claim for penalties. I can show I have been very reasonable so far.

Guest101

lopsyfa wrote: »

I will rather not go though the trouble. Not sure this guy (https://forums.moneysavingexpert.com/discussion/5588042) managed to get his several hundred pounds. If they don't end up paying up, I'll take them to small claim court and claim for penalties. I can show I have been very reasonable so far.

That's your choice. As far as I know he's still living there though.


You have neither.


What penalties will you claim for?

lopsyfa

Guest101 wrote: »

That's your choice. As far as I know he's still living there though.


You have neither.


What penalties will you claim for?

Yes it is my choice. I can sue for the time I have to take off work to chase this - I may not be successful but I'll try. If everyone is reasonable, these things shouldn't get to this stage. I am not interested in how much EXTRA I could have claimed as part of the surrender. Only want to know how to claim back what is mine.

Thanks for your advice.

saajan_12

You need to write a letter before action and then file a claim for the overpaid rent. However given the small amount relative to filing fees, I would sort out the deposit first and then file a joint claim for deposit + rent if needed. This way you'll avoid double filing fees if you need to persue deposit through courts and you'll look like you're not jumping the gun and incurring more fees when the LL/agent asked you to wait for the deposit.

I would gather any proof you have that shows
a) There was a mutual surrender of the tenancy on 25Mar (and not end of March)

b) You agreed to pro-rata rent return or the surrender was at the request of LL so it makes sense you wouldn't have agreed to overpay rent.

c) Check in Inventory photos / communications complaining about condition around the start of the tenancy

d) Matching check out photos showing no change in the areas they are claiming damages for.