Tenant demands overpaid rent refund!!!

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    Tenant demands overpaid rent refund!!!

    My mother is a pensioner who has been living in same rented London flat for 8 years paying 850 in rent under a yearly tenancy agreement. She set up a standing order with her bank to pay the landlord for 850 rent each month. Somehow a subsequent standing order for 85 has been going out too. That's about 8000 in overpaid rent discovered last week. Tenant is old with language difficulties and didn't realize until now. Landlord never informed tenant and we are waiting response to claim. Landlord requested tenant move out by Sept 29 2 months ago. As tenants what should we do? Have bank statements and forwarded dates and made claim to landlord who is also holding 850 deposit. Thanks.

    #2
    As long as you have records and proof along with a tenancy agreement/contract then you should be fine. It will of course take some time and you may even have to sue if your Landlord proves to be tricky.

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      #3
      You should instruct some legal representation to ensure that you do everything correctly. As long as YOU have proof of payment and YOU have evidence of Contract then shouldn't be difficult to recover, except you may have to come up with a Payment Plan for the Letting Agent if they dont have the funds.

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        #4
        It has been stated on this forum repeatedly that overpaid rent is not re-payable 'as a right' therefore court action may be fruitless. I offer this merely as a starting point for research, not as a statement of fact. The specifics of your mothers case may affect this.

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          #5
          Thanks to all for replies so far... The 'Not-a-right' is well stated and the concern. Is that a legal point or spirit of the law so to speak? With respect to repayment plan, good point although no agent involved and landlord likely selling. Thanks.

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