Return of deposit and mistaken extra months rent

[number18]

Ladies/ Gentlemen,

I would appreciate any advice on the following matter.

I rented an apartment for a 9 month period.

When i was asked by the letting agency if i wished to continue renting at that property i declined. This was agreed by e-mail a month in advance of my "move out date."

I spoke to my landlord the week before moving out to organise handing over the keys etc, and was told by him to just post the keys through the letterbox as he was away on business. I duly obliged.

Foolishly i assumed that the Letting agency would cancel my monthly standing order payments to the landlord.

Of course this was not the case, a few days later i noticed a months rent had been paid by standing order into my landlords account.

I rang the letting agent to tell them this and they advised me that the money went straight into the landlord's account and that i would need to speak to him directly about this.

I phoned the landlord on his mobile, spoke to him and he said he would get his bank to transfer the money owed into my account.


Two weeks later after no money arriving in my account i tried calling the landlord on his mobile repeatedly but obtained no answer.

I then got a text message from the landlord stating "My bank to arrange transfer of funds back to your account within the next 5 working days (apologies for delay i am presently away on business)".

Some 10 days later after no sign of the money in my account i again started telephoning his mobile, i left a message asking him to contact me.

A few days later i received another text message stating "My husband is away on business at the moment and will not be back for 10 days. I will send him an e-mail today and ask him to chase up the bank re-funds transfer. Regards X"

That was approximately 2 weeks ago, i have tried calling him multiple times in the interim and left a voicemail message. I have had no form of response since.

I really do not want to have to start getting involved in any type of legal procedings, but i am owed approximately £2000.

What should i do now? It has been 6 weeks since i moved out, my feeling is that i have been very patient in terms of awaiting return of the money.

What are my legal rights?

As stated earlier any advice would be fully appreciated.

Regards,

number18

[MrShed]

Have you still got the text messages?

My advice, write an LBA(letter before action) politely stating that you ahve been waiting x time for the return of this money, and as such you are giving them 7 days to arrange transfer, or you will ahve no option but to begin legal proceedings. Will almost certainly prompt them into action.

[number18]

Thanks for the very prompt reply.

Yes i do still have the text messages (are they of any use to me), and where would i find an LBA template?

[MrShed]

They are of use, as they are proof(if accepted by court should it go that far) that they have acknowledged owing you the money.

With regards an LBA template, dont really need one:

Dear blah

<<Brief overview of current position>>

Due to the delay, I expect that this is resolved within x days (7?) and the money is in my bank account within this time. If not, then I will unfortunately have no alternative but to pursue this matter legally via small claims court.

Yours sincerely....... yadda yadda

[number18]

Thanks again MrShed,

I guess the next logical question I would have would be...

If either i get no response or the money is not transferred into my account within the 7 days, i would then begin pursuing my legal options via the small claims court.

In order to do this what information/ evidence would i be required to submit in order for my case to be viewed fairly?

I am sorry to ask such perhaps basic questions, but i have absolutely no frame of reference for this type of procedure.

Thanks again...

[Planner]

Just for future reference, only the account holder has any control over a standing order. It would not be possible for the agents to ammend/cancel it in the way of a direct debit.

Follow Mr Sheds advice for the rest.

Good luck

[raydetinu]

Was it in fact a standing order, most agents like to do direct debit?
if it was adirect debit then your claim is with the Agent! it would be up to him to get the money back from his client. The amount you pay the agent is usually more than they pass on to the lanlord as they usually dedeuct their fee for managing the property.
even it is was by standing order I still think the claim is against the Agent! as they new of your termination and they would of returned your deposit!

[MrShed]

Most agents in my experience do standing order.

There is no claim against the agent in either case - there is no contract with the agency, only the landlord, and the landlord has the money.

[number18]

Yes it was a standing order, and i believe my grievance is with the landlord not the agent.

I was going to write the letter (LBA) myself, but have been advised to get a solicitor to write it for me. have you any views on this?

[MrShed]

My opinion - solicitor is in no way needed. Draft it, post it here, get some OKs of your peers and job done without paying £50 to solicitor

[number18]

Originally Posted by MrShed

My opinion - solicitor is in no way needed. Draft it, post it here, get some OKs of your peers and job done without paying £50 to solicitor

The case for using a solicitor was as follows...

1: If he is not answering my phone calls then the chances are he will ignore my letter also, and take his chances.

2: If he receives a letter from a solicitor on my behalf, then he will know that i am not messing about and am actually serious.

3: The solicitor will deal with it from then on, i can just forget about it... ???

[MrShed]

2) is the only valid reason IMO

[number18]

Well,

I gave it a little more time, but still no contact from the ex landlord.

I now intend to send a letter to him via recorded delivery, my first draft is as follows...

My name
1st Line of my address,
2nd Line of my address,
3rd Line of myaddress,
4th Line of my address.


Date 22/07/08

Name of ex Landlord,
1st Line of his address,
1st Line of his address,
1st Line of his address.


Dear Sir,

I am writing to you concerning my tenancy of the premises at <address>.

It has now been approximately ten weeks since I have moved out of the property at the end of my lease as agreed. As yet I have not received either my deposit of £XXX or the mistaken extra payment of £XXX back into my bank account.

I request that you return my deposit of £XXX as the premises were left clean and in good repair when the tenancy ended. Allowing for fair wear and tear, the premises were left in the same condition as they were in at the beginning of the tenancy.

I also request that you return my payment of £XXX that was made in error via standing order on the <date of standing order>.

Due to this delay, I look forward to receiving payment of this amount in full (£XXXX) within the next ten days, if not I unfortunately have no alternative but to give you notice of my intention to commence legal proceedings in the County Court without further notice.

My bank account details are as follows.
Account name: <My name>
Account number: <My account number>
Sort Code: <My sort code>


Yours faithfully,


<My name>

Bearing in mind I have been waiting 10 weeks now for my money to be returned and the landlord has not spoken or contacted me in 6 weeks is this an appropriate letter to send?

Have you any ammendments you would recommend?

Regards,

number18