Standing order for rent

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  • Standing order for rent

    I have been paying my rent by standing order in advance for a 6 month tenancy which expired 2 days ago. Rent fell due on the 11th of each month, and rent for the 6th and final month was duly collected in August. However, I inadvertently forgot to cancel the standing order, and as a result another months rent came out of my account yesterday. I vacated the flat 2 days ago, therefore have requested the return of this money from my landlord. However, he is refusing to return the money, saying he is under no obligation to do so. Can he really refuse to return the money to me, despite the fact the transfer was accidental and did not relate to any payment due? Thanks in advance.

  • #2
    your ex LL is talking out of his butt! of course he has to return it! .. Write giving him 14 days to return the monies and if he doesnt sue him in the msall claims court!
    GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

    Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

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    • #3
      Of course he can't, without good reason (ie if the money isn't due to him, and you're telling us the full story? ).

      Certainly you take him straight to the small claims court, though if he has a brain he won't let it get that far as it will undoubtedly cost him more than the disputed amount.

      I doubt you've had the balance of your damage deposit back yet, have you? Any landlord as ropey as this one obviously is will undoubtedly take the opportunity to screw you over that as well, so I should wait until the outcome of that before you start issuing court papers!

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      • #4
        Originally posted by justaboutsane View Post
        your ex LL is talking out of his butt! of course he has to return it! .. Write giving him 14 days to return the monies and if he doesnt sue him in the msall claims court!
        And charge interest.
        Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

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        • #5
          Thnaks for your replies, I have ocntacted him again with the threat if legal action, which should hopefully do the trick. No he hasn't returned the damage deposit as yet, but I'm hoping this will also act as an incentive not to mess around with that either.

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          • #6
            What a cheeky LL!.
            Follow BOB marley's song
            get up stand up stand up for your rights.

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            • #7
              Are you guys absolutely sure? Needless to say the landlord should be returning this money. But as in effect the money was received unsolicited, does the landlord actually have a legal obligation to return it? I am not so sure he does...
              Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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              • #8
                I hope you're not quoting another urban myth MrShed. Regardless, the ex-tenant has the right to take action to recover the money. A judge will soon sort out whether the money is to be returned or not.

                Out of interest Andrew, was an inventory signed by you at the beginning and end of the tenancy?

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                • #9
                  What urban myth would that be?? I'm quoting nothing, I'm just not entirely sure tha unsolicited money has to be returned!
                  Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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                  • #10
                    Well if you want to be mysterious, then I'll respond by saying

                    I have never understood posts which go along the lines of "I'll throw in a controversial but sort of got a ring of truth" comment, then back off by qualifying it with "But I'm not sure". How does that help any of the readers?

                    Tut!

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                    • #11
                      Erm....ok poppy. I would say you are the one being mysterious as I really have no clue what you are on about. But, I resent the implication that I have some kind of ulterior motive for saying what I have said. This is a discussion forum, I am prompting a discussion, as well as asking a genuine question, as I honestly have no idea which is correct, but have genuine reasons for thinking that the landlord may not have to give the money back! I am surprised at this kind of comment from such a senior member.
                      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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                      • #12
                        Originally posted by MrShed View Post
                        Are you guys absolutely sure? Needless to say the landlord should be returning this money. But as in effect the money was received unsolicited, does the landlord actually have a legal obligation to return it? I am not so sure he does...
                        I'll think your find Mr Shed that the landlord will have to return the money as he has no legal right to take it in the first place even if it was a mistake.It's no different to mine or your employer making a mistake with our salary for example paying us two months instead of one then us saying no you can't have it back.I think that would be theft which is no different to what the OP has posted.
                        Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

                        Comment


                        • #13
                          Hi, yes we did agree an inventory before moving in, and we made sure the landlord was aware of anything broken or in need of repair as soon as we discovered the defect, so hopefully there will be minimal haggling over the return of the damage deposit. We thoroughly clened the place before moving out. That said, he's keeping very quiet at the minute despite repeated inquiries as to when we will have the deposit money returned, to say nothing of the accidental month's rent he currently has.

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                          • #14
                            Originally posted by Andrew View Post
                            Hi, yes we did agree an inventory before moving in, and we made sure the landlord was aware of anything broken or in need of repair as soon as we discovered the defect, so hopefully there will be minimal haggling over the return of the damage deposit.
                            Yeah, right.

                            Sorry Andrew!

                            Comment


                            • #15
                              Originally posted by pms View Post
                              It's no different to mine or your employer making a mistake with our salary for example paying us two months instead of one then us saying no you can't have it back.I think that would be theft which is no different to what the OP has posted.

                              Funny you should post that example. The reason I questioned it was because for example if an employer overpays you, there are certain circumstances in which you(the employee) do not have to repay the money.

                              I agree, it is highly unlikely that the landlord does not legally have to repay the money. I just was not 100% sure.
                              Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                              Comment

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