Overpayment of Rent and other Landlord issues

[darrenstubbs16]

This is my first post and would be grateful for any guidance regarding the legal perspective on my below issue:

 

I have recently moved out of flat which I had rented for 18 months and paid a £550 deposit which was held in a protection scheme. At the time of first renting the property was under a letting agency. However when I came to move out the landlord intended to put the property on the market to sale. The flat was originally a new build and the land lord intended to bring the property back up to new build standard as he wanted prospective buyers to be able to get a 5% deposit.

 

Rather than the letting agency the landlord conducted the checking out process and inspected the flat and after some discussion retained £50 to replace a blind, light bulbs etc. A bit pricey as £20 of that was fitting of light bulbs and a clip on blind.

 

He returned £500 to myself and signed a receipt. However I had cancelled by standing order, but the day before my next rent would of been due and my rent still went to him which was an overpayment.

 

The landlord contacted me a week later demanding that I replace the kitchen worktops as there were some scratches in them which weren't noted by the letting company at check in. They are very light scratches but will not rub out sadly. He personally inspected the property and spent several hours there before leaving, yet did not say anything at the time nor was I aware of them.He is demanding I replace and will also not return my overpayment of rent.

 

I have spoken to citizen advice who have advised I have a case for small claims court, as such as i have sent a letter the landlord. But has replied that any claim made against me will be counter claimed for these worktops and also hoover hire + other trumped up issues which were not picked up at checkout and in fact the landlord signed the receipt on the very surface he is disputing.

 

Also he replaced all carpets and re decorated the day after I moved out and had already planned to a month prior as he had tradesmen coming in to give quotes.

 

I feel that he is trying to take advantage of the situation to use my money to basically make the property brand new for sale. He has also demanded that any further letters from me goes via his solicitor who happens to be a family member of his.

 

I cannot afford a solicitor myself to defend against him and do not know what to do for the best.

 

I spoke to the letting agency who agreed with my evidence and my perspective, however as the property is no longer under them cannot do anything to help.

 

I would be grateful for any advice as I am very stressed by this.

 

Thank you

[ericsbrother]

First, go to your bank and demand the return of your money they sent to the landlord without authorisation. If they say that they need x days notice then that is that if it is written in their terms otherwise they are liable.

second, The landlord has no lawful reason for holding on to the rent overpaid, he should return that and then, if he has a case against you for damage to his property, bring that separately. So, yes, you can sue for the return of your overpaid rent and that should be succcessful.

Now, as for the other matters either go back to the CAB and speak to one of their pro bono lawyers or wait here for advice of how to react to the particular threats made. They will generally be bluff but designed to shut you up about the overpaid rent.

[The Carpet Cleaners]

The fact that he signed a receipt, means that he signed off the property, and therefore anything he thinks he finds afterwards is his problem and not yours.

 

The overpayment is a totally separate issue and he has no right whatsoever to hold it.

[mariner51]

SO's are still paid via cheque clearing system not the DD method, so 3 bank days prior to payment date may be required for cancellation as payment has been 'allocated' as is in the clearing system, though the debit on the account will show as due payment date.

Rent overpaid can be claimed via SCC

If LL counterclaims for worktop, he will prob fail to convince Judge, as he had already conducted the move-out inspection, made deduction for T 'damage' and refunded the balance of deposit.

Why did OP not cancel his SO sooner?

[darrenstubbs16]

Thank you for comments so far.

The reason I didnt cancel my standing order earlier was that I thought I had set it up to cancel after 12 months at the end of the tenancy, however it had been set to recurring till stopped instead. It was only when I was checking my online account I noticed and cancelled straight away.

 

This landlord has escalated it further, now not only texting me demanding I get my own workmen to come refit the counter tops and also replace all kitchen tiles which would need to be removed or he will bill me for it. In addition he is also claiming he hired a brand new hoover to me at the start of the tenancy and is sending me a bill for the use of the hoover. This is a complete fabrication as I never received a hoover, signed any hire agreement, the property is listed un furnished and is not on the check in report. However is billing me anyways.

 

He also is claiming there may be other damage which he will bill me for, despite the fact as I mentioned above he is selling the house and has already had it redecorated as selling as a new property.

 

There are practically no scratches in the worktop minus minor inpefections, not only that they are not visible in any photos. Including a photo on rightmove which he claims is visible when he walks in the kitchen yet from exact angle in photo nothing there.

 

I feel he is trying to take advantage of me and I partly just thinking of dropping it, which he probably wants due to the hassle but I hate bullys. I have done nothing wrong and the flat was in good condition when I left it. It should also be noted on right move where it is being sold it is listed as immaculate throughout which is false advertising if his claims are true.

 

I cannot believe that a supposed reputable landlord who owns many properties across the region would behave the way he is. If he does not stop with the text messages and false claims, I may have to get solicitor advice also as this is going to far.