PDA

View Full Version : Standing order for rent



Andrew
12-09-2006, 12:30 PM
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.

justaboutsane
12-09-2006, 12:38 PM
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!

Ericthelobster
12-09-2006, 12:41 PM
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!

pms
12-09-2006, 12:42 PM
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.

Andrew
12-09-2006, 15:08 PM
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.

ATI
12-09-2006, 21:48 PM
What a cheeky LL!.
Follow BOB marley's song
get up stand up stand up for your rights.

MrShed
12-09-2006, 22:48 PM
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...

Poppy
13-09-2006, 09:12 AM
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?

MrShed
13-09-2006, 09:20 AM
What urban myth would that be?? I'm quoting nothing, I'm just not entirely sure tha unsolicited money has to be returned!

Poppy
13-09-2006, 09:33 AM
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!

MrShed
13-09-2006, 09:45 AM
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.

pms
13-09-2006, 12:13 PM
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.

Andrew
13-09-2006, 14:11 PM
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.

Ericthelobster
13-09-2006, 19:22 PM
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.:rolleyes:

Sorry Andrew!

MrShed
13-09-2006, 20:43 PM
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.

Andrew
18-09-2006, 08:10 AM
Thanks for all your replies everyone, after numerous threats to get the small claims court involved, my landlord has agreed to return the rent! The managing agent informed me the flat was in decent condition when we moved out, so apparently we will be getting our damage deposits returned in ful. Seeing is believing however..

Andrew
21-09-2006, 14:06 PM
My dear landlord has informed me today that cheques for our damage deposits (and my extra rent) are winging their way to me today :-) Just when I was gearing myself up for the small claims court too, good timing.

visualart
21-09-2006, 14:25 PM
The Unsolicited Goods Act refers to goods that are received without your request for them. A little bit like when book companies send you a book and say if you don't want it send it back within 30 days or we will charge you.

The fact that the standing order is in place suggests that the LL's representative (ie the bank) requested the money and therefore not unsolicited.

If the warning does not do the trick then write out a claim form and send him a copy saying you will issue the claim form within the next 7 days if you do not get a satisfactory response. That should do the trick! ;)

MrShed
21-09-2006, 14:31 PM
The fact that the standing order is in place suggests that the LL's representative (ie the bank) requested the money and therefore not unsolicited.



No....there is no request in a standing order, anyone can just set it up to any bank account.

bazza
21-09-2006, 19:33 PM
Are you sure that a Standing Order is not requested?

MrShed
21-09-2006, 19:46 PM
Yes....100% positive.

Surrey
21-09-2006, 22:55 PM
Are you sure that a Standing Order is not requested?

Yup, you're thinking of what happens with a direct debit. A Standing order originates from the person whose account the money comes from, a Direct Debit originates from the person whose account the money goes to.