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Go Back   The Consumer Forums > The Consumer Forums
The Consumer Action Group
> Residential and Commercial Lettings

Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 6th December 2007, 16:28   #1 (permalink)
paul27
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paul27 Novitiate
Default Agent won't refund overpaid rent

My son and three friends rented a property during their final year at uni, with me paying his share of the rent (£325 pm) by standing order.

The heating and hot water broke down in the winter and took eight weeks to fix, during which time they mostly couldn't live there. After many complaints, the Agent finally arranged for them to have a one month rent holiday.

The other three tenants didn't pay for one month, but because my payments were automatically made, I did pay.

At the end of the tenancy (July) I asked for this overpayment to be repaid, but this was ignored, presumably because there was also a dispute over returning the deposits.

The deposit dispute was recently settled, so I asked again for the overpayment to be repaid - but they refuse, saying rents collected would have been given to the landlord and I should have sorted it out as part of the deposit dispute! They also refuse to give me contact details for the landlord ... presumably because my son was technically the tenant?

The agents do not seem belong to any trade associations I can follow up, so wondered what I should do next?

Thanks for any advice, or even just to know the legal position?
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Old 7th December 2007, 06:38   #2 (permalink)
Ed999
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Default Re: Agent won't refund overpaid rent

As a matter of law, a payment of rent made by mistake must be repaid by the landlord. But you must sue the landlord, not the letting agent.

As to how to find the landlord's address, this is dead easy: sue him at the property being rented! Since he owns it, legal notices can be addressed to him there.

You might also read this thread, which includes additional information about finding a landlord's address: http://www.consumeractiongroup.co.uk...eductions.html



Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.
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Old 9th December 2007, 15:58   #3 (permalink)
paul27
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Default Re: Agent won't refund overpaid rent

Ed999 - Many thanks for your guidance, I will write to the landlord as suggested.
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