Landlord ignoring requests for return of (accidental) overpayment of rent

victoria001

Hi there, wondering if anyone can give me some advice. Here's my issue: I was given very short notice, last month, that I was to depart my rented property as the landlord was intending to sell the property. I had been renting the property through a rental agency. Luckily, I managed to find another very quickly and departed the property on the 4th of April. Rent payments for each month were usually £495 but, as I was only in the property for 3 days of April, the rent was to be £66 (which I have in writing from agency) I assumed, and this is a mistake on my part, that only £66 would leave my account. However, the full amount left the account. As soon as I realised (the 3rd of April), I contacted the letting agency, who agreed it was an overpayment and would look into returning. The money had obviously gone through to the landlord's account. It is now the 22nd, the agency have been trying to contact the landlord to get the money (£429) back but the landlord has not responded. I have also politely text the landlord and been ignored. I would usually give someone the benefit of the doubt and be concerned about something having happened to them,  but this landlord has previously ignored calls and messages, not turned up three times in a row to an inspection without contacting me, and told my new landlord she would write a reference before then ignoring her - so she has a bit of a history of it! It's beginning to cause real anxiety, as i reallly cannot afford to be £429 down. I am unsure of what else I can do, or if there are further steps to be taken, such as making a legal claim? Of course, I would really rather this did not happen! All the rental agency have said so far is they have been unable to get a response and that they understand my frustration.

MovingForwards

Send a letter before action detailing your claim.
Allow 14 days for the LL to return the money.
Commence a money claim against the LL with the court, done online and straightforward.

victoria001

Thank you very much for your reply - where can i do this online? Thanks again!

Slithery

https://www.moneyclaim.gov.uk

princeofpounds

Do this ASAP, because one of the strongest methods of enforcement you have would be to put a charge on the property, which would deeply complicate any sale. Hopefully only the threat of this is required.

victoria001

Thank you everyone for your helpful replies, this was my first time renting and so I have no experience of any of this. Thats been nearly three weeks they have been trying to contact with no response. I never missed a single bill or payment in my time there, so I feel this is very unfair. Thanks!

steampowered

Interest can be claimed at 8% through the court process, so time to make the landlord aware interest will be payable if they don't refund promptly.

AdrianC

victoria001 said:

I was given very short notice, last month, that I was to depart my rented property as the landlord was intending to sell the property. I had been renting the property through a rental agency. Luckily, I managed to find another very quickly and departed the property on the 4th of April.

Not legal. The landlord has to, by law, give you two full rental months notice, you have to give one full month's notice.

What do you have in writing from the landlord and/or agent?
I presume you had exclusive use of the entire property, and weren't a lodger with a resident landlord.

Rent payments for each month were usually £495 but, as I was only in the property for 3 days of April, the rent was to be £66 (which I have in writing from agency) I assumed, and this is a mistake on my part, that only £66 would leave my account. However, the full amount left the account. As soon as I realised (the 3rd of April), I contacted the letting agency, who agreed it was an overpayment and would look into returning. The money had obviously gone through to the landlord's account. It is now the 22nd, the agency have been trying to contact the landlord to get the money (£429) back but the landlord has not responded.
...
I am unsure of what else I can do, or if there are further steps to be taken, such as making a legal claim?

Did you have a deposit? Have you got that back? Was it protected in one of the government protection schemes, and was all the paperwork correctly provided?

Yes, you can launch a small claim. BUT... The reason I ask about what you have in writing is that I can foresee this landlord saying that you wanted to leave early, gave insufficient notice, and your payment is due to cover your notice period...

victoria001

Hi there, thanks for your reply - it's all a bit of a mess. The landlord issued a notice to depart, which was not delivered to me on time, as I had been out at work when it arrived and it needed to be signed for, it had been sent in January but I did not hear until March from the letting agency. I then received notification through email, the date stated on it was 4th of April, it had the notice to depart attached and asked me to let them know if i would be out by the 4th of April. I was at first concerned as this was maybe three weeks before that date, but I then let them know i would be able to be out by the proposed date of 4th April (they offered that I could stay until 4th of June in a text message, but i declined and said that I would be out by the proposed date 4th of April). I then asked for confirmation from the letting agency of my rent for April and they stated it would be £66. I have this in email form. The deposit is with deposit Scotland, the rental agency have not carried out an inspection yet as far as I know. Thanks!

AdrianC

victoria001 said:

The landlord issued a notice to depart, which was not delivered to me on time, as I had been out at work when it arrived and it needed to be signed for, it had been sent in January but I did not hear until March from the letting agency.

Ah...

So they sent it signed-for, and you never picked it up from the post office?

victoria001

Nope. They sent it in January, I never signed for it and it was returned to the letting agency. Who then emailed me in March, with three weeks to go to be out of the flat. So i was unaware of the notice to leave until the email. Not sure why they didn't contact earlier, when it was returned to them. But the middle of March was the first time I'd heard of the notice. The landlord suggested it could be extended to June, but with the current situation I said that I would be out on the the previously agreed date. She ignored all further emails and calls from me but did answer to my new landlord, to agree to write a reference, before then starting to ignore her too. The new landlord ended up having to get the reference from the letting agency.