I vacated a property last month and stupidly forgot to cancel standing order, so the landlord has received an extra months rent erroneously.
He has acknowledged this but is keeping hold of it until he has a full check out report on damages etc (I fully acknowledge I may have to pay for some damages which is yet to be agreed). Bizarrely, he has paid back the deposit in full which he was happy to do, but is keeping hold of the rent. Can someone please advise on this situation? Why has he paid back the deposit from DPS but keeping hold of the rent? Is it because he has more power on how much to keep with the rent in terms of damages? What are my rights on this?
Any rent paid to a LL , in legal terms does not have to be repaid unless the LL has new tenants move in .
I would write a letter asking for it back or issue a letter before action !
I would say the fact that he has paid back in full your deposit, then it is now too late for him to claim any money from that deposit. He (or his agent) would have asked for this to be refunded to you in full, and hence they have missed the opportunity to claim any funds for any damage. Maybe his agent did this by mistake, but thats tough on him, unless you agree to pay him.
He is now withholding a payment which was incorrectly sent to his bank account. It is not, and was never intended by you as rent, as your tenancy is terminated. He has no right to keep it, and doing so he may be guilty of the offence of ‘Retaining wrongful credit’.
I’d suggest you write to him immediately requesting the repayment of the payment sent in error. I’d also contact your bank, as this payment was sent by you in error, they may be able to start a repayment claim themselves with the receiving bank.
The landlord is not allowed to use rent to cover damage. Its a breach of the Tenant Fees Act. Demand the rent back now or youll report him to Trading Standards.