landlord withholding Owed Rent

stutoz

I recently moved out of a BPHA property that was on a rent to buy scheme. When we moved in we paid a months rent in advance as well as one months rent as a deposit. Upon moving out, they failed to mention i had to get the ball rolling with DPS to get my deposit back which i have done. i am not expecting any issues and it is currently being processed etc which is fine. However, I rang BPHA to make sure i didn't owe any outstanding rent as i was cancelling the direct debit, it was only because of this chance call they informed me i was owed £235 in rent as we moved out halfway through a month, which is great. However, they have now said they are holding onto this until the inspection is done and they can use it to cover any repairs if needed. I have emailed them asking if this is even allowed, as that is what the original deposit is for and this is purely a refund, which is not held in any deposit scheme. Am i correct in this thinking? I have asked for the £235 to be immediately refunded and they are now delaying.
What is the stance from a legal perspective in terms of them paying it back? Any help will be much appreciated.
Stu

Comms69

stutoz wrote: »

I recently moved out of a BPHA property that was on a rent to buy scheme. When we moved in we paid a months rent in advance as well as one months rent as a deposit. Upon moving out, they failed to mention i had to get the ball rolling with DPS to get my deposit back which i have done. i am not expecting any issues and it is currently being processed etc which is fine. However, I rang BPHA to make sure i didn't owe any outstanding rent as i was cancelling the direct debit, it was only because of this chance call they informed me i was owed £235 in rent as we moved out halfway through a month, which is great. However, they have now said they are holding onto this until the inspection is done and they can use it to cover any repairs if needed. I have emailed them asking if this is even allowed, as that is what the original deposit is for and this is purely a refund, which is not held in any deposit scheme. Am i correct in this thinking? I have asked for the £235 to be immediately refunded and they are now delaying.
What is the stance from a legal perspective in terms of them paying it back? Any help will be much appreciated.
Stu

I'd suggest, though not what you want to hear, that you aren't entitled to it.


HOWEVER that aside, the legal position is no different to any other where money is owed.


They either refund, or you go to court.

stutoz

That was my initial impression but it was actually the agency itself who told me i was entitled to a refund.
Thanks for the reply, i was thinking along the same lines but wanted a different opinion.

saajan_12

stutoz wrote: »

I recently moved out of a BPHA property that was on a rent to buy scheme. When we moved in we paid a months rent in advance as well as one months rent as a deposit. Upon moving out, they failed to mention i had to get the ball rolling with DPS to get my deposit back which i have done. i am not expecting any issues and it is currently being processed etc which is fine. However, I rang BPHA to make sure i didn't owe any outstanding rent as i was cancelling the direct debit, it was only because of this chance call they informed me i was owed £235 in rent as we moved out halfway through a month, which is great. What does your agreement say about notice / terminating? Tenancy periods are not divisible, so your notice must expire at the end of a tenancy period and rent is owed upto the end of that period, so even if you move out early, you would not be due half a period's rent back. However, they have now said they are holding onto this until the inspection is done and they can use it to cover any repairs if needed. -
when is this inspection scheduled to be? Legalities aside, might be quicker to deal if / when there are deductions.. I have emailed them asking if this is even allowed, as that is what the original deposit is for and this is purely a refund, which is not held in any deposit scheme. - the deposit scheme is for extra money not for rent, to ensure LL's don't just withhold it. This was paid as rent so didn't need to be protected. The deposit scheme will arbitrate on monies protected with them, but further damages can be settled outside it.
Am i correct in this thinking? - the £235 is apparently money they owe you.
They also owe you your deposit back. You (may) owe them money for repairs. All this can be netted and the balance transferred.
I have asked for the £235 to be immediately refunded and they are now delaying.
What is the stance from a legal perspective in terms of them paying it back? Any help will be much appreciated.
Stu

There is no formal deadline for refunds. You take steps to resolve it (ie request them to pay you) and then go to court if they don't. They can also sue / countersue you for any damages. The judgement would be based on the net award ie if damages exceed the deposit by £100 then you'd get £135 back; if damages exceed deposit by £400 then they already have your £235 so you'd have to pay £165. So effectively there's no difference at this point between a deposit and overpaid rent.. they owe both back, less damages. Request the return and then sue.

Gorgeous_George

Tenancy agreements normally end on a rent day so I'm not sure why they owe for a part month.

But I'm with you. I'd want it back as it has nothing to do with the deposit.

GG