Overpaid rent - Problem with the landlord

[polopo]

Hi,

I have a problem with my landlord concerning an overpayment of rent.

I started to rent a house through an agency the 25 sept 2009. The rent was £700 a month and I paid it directly to the landlord.

 

I sent him a 1 month notice letter the 19th of november 2010 stating that I will leave the house 1 month later, the 19th of december 2010. For the last month to pay, I paid only £575 because I didn't stay a full month. My calculations was £700x12months/365days=23.01 daily rent. then I multiplied 23 by the number of day I stayed so from 25 november until 19 december, 25 days.

The result is £575.

 

Right, after that, the 25 of december I paid £575 by mistake to my landlord. So I did a £575 transfer of overpaid rent.

 

The problem begin when I ask to get back the overpayment. The landlord is telling me that I had to pay £700 for december (so the 25th of november) and I did only £575. So I explained it to him (that I paid for 25 days oand not a full month) but he doesn't want to refund me the £575.

 

What sould I do ?

 

Am I wrong ?

[Steve__M]

Assuming an Assured Shorthold Tenancy the statutory requirement is that notice periods end at the end of a rental period.

 

So unless agreed otherwise, technically the landlord is within his rights to insist on a full month's rent.