Overpaid rent not being refunded

Guest101

lopsyfa wrote: »

Yes it is my choice. I can sue for the time I have to take off work to chase this - Yes you can apply for that as part of costs. - 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.

Google - MCOL

lopsyfa

Guest101 wrote: »

Google - MCOL

Thanks Guest101.

lopsyfa

saajan_12 wrote: »

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.

This is exactly why I want to treat the deposit and rent together - to avoid paying any associated costs twice. Thanks for the advice.

G_M

I haven't read the other thread. Would have been easier if you'd stuck to just one! However

1) why on earth did you not get the terms of your Early Surrender agreed in writing?

2) why on earth did you move out once it became clear the LL was not returning the overpaid rent, which was (apparantly) part of the ES agreement?

3) The rent and deposit are sparate issues

4) unless ive missed it, your deposit is registered with TDS - so you cannot claim a penalty. You can only claim the return of the deposit. If deductions are made, with which you don't agree, use the arbitration process

5) to re-claim the rent, use MCOL. But doing 1) or 2) above would have been much easier.

Plus I really don't understand why you didn't simply stay till your tenancy ended.

lopsyfa

G_M wrote: »

I haven't read the other thread. Would have been easier if you'd stuck to just one! However

1) why on earth did you not get the terms of your Early Surrender agreed in writing?
I tried to when it became clear they may backtrack but they were not going to commit it in writing. I only got them to write that they requested the early surrender. In hindsight, I will have done things differently from the start.
2) why on earth did you move out once it became clear the LL was not returning the overpaid rent, which was (apparantly) part of the ES agreement?
Because by the time it became clear, I have already lined up another property. Will you pay rent in two places?
3) The rent and deposit are sparate issues
See point 4.
4) unless ive missed it, your deposit is registered with TDS - so you cannot claim a penalty. You can only claim the return of the deposit. If deductions are made, with which you don't agree, use the arbitration process.
If the landlord disagrees to use the TDS dispute resolution, I'll like to claim them together rather than claiming twice.

5) to re-claim the rent, use MCOL. But doing 1) or 2) above would have been much easier.
Thanks.

Plus I really don't understand why you didn't simply stay till your tenancy ended.
I thought that was clear. I will rather not stay so I can have a valid claim for the money back. I don't want to pay to maintain two properties.

Thanks G_M.

lopsyfa

Quick update, got the rent back. A Facebook review of the lettings agent did the trick. The agent responded to my review as being "factually incorrect and can be called a slander which can be taken further". I then sent them a mail with proof of each statement in my review (screen shots of communications with them) and promised to release that as a reply if they incorrectly accused me of slander in my next review on another site. I got my rent the next day - the agent will chase the landlord for it.

Just to say if we had just stayed in the apartment as most people advised, we won't have a valid claim to have the rent back and the amount is too small to risk losing a small claim court fees without any valid claim (I didn't move out and should not expect the rent back).

Thanks everyone for the help.

Pixie5740

Actually people advised you not to move until you had the terms of the early surrender agreed in writing not that you weren't to move out at all. I'm glad it worked out for you eventually though.

lopsyfa

QUOTE=Pixie5740;72396169]Actually people advised you not to move until you had the terms of the early surrender agreed in writing not that you weren't to move out at all. I'm glad it worked out for you eventually though.[/QUOTE]


I am sorry we are not reading the same thread then. The agent wouldn't confirm the offer in writing (we got to know the tenant for the LL's other house pulled out) and we already have alternative arrangement. Most advice just say wait till the end of your tenancy (good advice because the CAB and the housing lawyer said the same) but not entirely the best for my scenario.

lopsyfa

Another quick update. We got the full deposit back from TDS last week. The agent/landlord chose not to contest the return of the full deposit with the TDS when we disagreed on them removing anything from it. I did send them the check-in pictures (which was emailed to them at the beginning of the tenancy) and check-out pictures showing improvement in the property.

Knowing they will lose lose any adjudication decision, they failed to reply to my claim with TDS and delayed the payment of the deposit by two months.

I am tempted to raise a complain to the TDS for how slow the process is and landlord/agents are gaming the system. They know the only option the tenant has of quickly getting anything back is to agree to some form of deductions from it. If the system is much faster, then these agents/landlords will behave differently or more tenants won't agree to some unfair deductions. Please note there are good landlords and agents out there.

We are lucky to have moved to our own house and happy that hopefully we'll not be going through this again but I'll like to complain to the TDS in case it benefit other tenants and even landlords who may have legitimate claim to some of the deposit in order to repair their property.