Tenant over pays

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    Tenant over pays

    A tenant has kept his direct debit going for too long and has paid me a months rent not owed. What happens here. i dont have any contact details for him.

    if he contacts me in a yrs time. for example, do i have to repay him legally.

    #2
    Yes you do have to repay him. I am asking a similar question about offsetting some of the money my tenant owes me against how much he has overpaid me.
    It is actually a criminal offence if you know that money is not yours and you keep it. The offence is called "retaining an incorrect credit"
    A couple of years ago I had a similar issue with a tenant. My bank had made a mess and reversed the tenants standing order. ie I was paying him.
    The tenant knew all about it, told his other flatmates.
    I was in hospital for about 6 months at the time so was not checking my bank statement, so it went on for 6 months.
    The upshot was, the police became involved. They asked me if I wanted to make a statement, and he would be arrested if I did.
    I was poorly at the time. I could not be bothered with the hassle. I just wanted my money back, so I said no.
    My tentant has overpaid me, as soon as I realised I told him because I did not want to be in the reverse situation.
    I am just wondering if I can legally keep the money, given he owes me for damage.
    If I was you, I would contact your bank and get it stopped.

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      #3
      Originally posted by marsaday View Post
      do i have to repay him legally.
      Don't know. How about morally?

      I'm sure your bank could reverse the transaction if you asked them to - they will know where it came from. (Shortly after my dad died he received a couple of credits to his bank account for pensions, to which - being dead - he was no longer entitled, so the bank just sent them back).

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        #4
        He pays by standing order not direct debit. Yes you do have to repay him up to 6 years after any money is due. You don't have to chase him though but you need to keep the money separately in case he contacts you. I know only his bank can stop the S.O. but you might want to contact your bank who might be able to help to get it stopped.
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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          #5
          I agree. 'Bank error in your favour' applies only in Monopoly; retaining wrongly-received funds is impermissible.
          Besides possible prosecution, look out for civil proceedings in Quasi-Contract (also called 'Money had and received').
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

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            #6
            ok, so i will speak to the bank about this.

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              #7
              Whatever you do, don't spend it. I appreciate money is fungible, but what about opening a new bank account to hold it in?

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