That's not very fair, I've said nothing at all about the Landlord.

I've just expressed my concern about what the course of events might be should he decide not to return the money. I' d like to know my rights/chances should the worst-case scenario occur, that's all.

Hang on - take a reality check here. You've gone from (you) making a mistake, to calling in the bailiffs, and the landlord hasn't had a chance to return your money yet!

Has the landlord replied? Has he given any reasons why he will not return your money? You only posted your original message last Thursday. Not even a week has passed, and already you are promoting this landlord as some sort of Darth Vader type, intent on stealing your money. Despite the fact that your deposit is going to be returned with no deductions.

Give the guy a chance, he's also a busy chap earning a crust.

I spoke to a solicitor (informally) about this over the weekend. He agrees that this is a perfectly winnable court case. He also mentioned that if I was to win a case and the landlord still refused to cough up, it is still possible to go after him with bailiffs etc!

Fingers crossed things will never go that far of course, but it's nice to know there are options which make it worth pursuing.

Everyone can and does make mistakes in some way or other. Common decency would obligate most people to return what is not rightfully theirs, however a good number of people fail to meat this criteria. I think you will find that an overpayment regardless of fault in the eyes of the law is an overpayment and since it is illegal to charge for goods or service not supplied, the landlord would be committing an offence under the Supply of Goods and Services Act. Rent is seen as a charge for the service of providing property for the use of the tenant, as such if you are no longer the tenant, the service cannot be charged for.

You will have a very good chance of making a case in law, as I mentioned before, this does not necessarily mean you would get the money back, but don’t give in, it’s your money, not the landlords, best of luck.

My boyfriend is having this exact experience. He forgot to cancel his standing order and paid an extra month's rent. The landlord has said he will send a cheque but none has been forthcoming so far and he is a very obstructive man. What rights does my boyfriend have legally to claim the money back since it was his mistake rather than the landlord's? Is the landlord obligated to pay the money back now my boyfriend has told him about it and said it is a mistake? Would a court make the landlord pay back?

Thanks.

Many thanks for the response Sparky.

Fortunately, I have just had notification that my damage deposit is being returned in full, so I guess that simplifies matters somewhat.

I will take just the course of action you suggest I think, it's a shame that a CCJ doesn't force the money from the landlord in some way, I wasn't expecting that.

Regardless, I have no intention of just letting it slide, so I'll pursue this for as far as possible!

Cheers.

I had a similar experience some time ago, a lot does depend on the landlord for how easily this situation can be resolved.

A couple of points I would suggest to ponder, firstly give the landlord a reasonable time frame to respond. If there is no response, write again and close your letter with 'your comments are required by return'

Making the assumption that there were no issues when you terminated your agreement, ie any claims by the landlord for damage etc whereby he may wish to charge for said damage, he has no legal right to withhold your excess payment and should return it without delay. However, be prepared for a whole string of excuses if he is that way inclined.

If a couple of letters does not do the trick, then your next step I would suggest would be to write again, opening your letter with 'Notice Of Intended Prosecution' Follow this with, ' As you have so far failed to respond to my letters, I must advise that, should you fail to return the overpayment of £***.** within 14 days, application will be made in the county court for a judgement against you for the amount outstanding plus court fees and costs'

This will get the attention of some landlords, though not all.

You then have the option, if there is still no response, to either put it down to a bad experience and learn from it, or make the application to the court. A fee will be payable at the time you submit your application, but you should be able to request this be added to the claim.

There is still no guarantee that the landlord would refund your money even with a CCJ. You would have the satisfaction of knowing the court had found against him and that his credit score could be adversely affected, however you would also be down by the additional court fee.

My experience was about 3 letters and 2 months to get my money back, I wish you luck.

I recently moved out of a rented property at the end of a six-month fixed contract. During my tenancy I paid my rent by monthly standing order.

Stupidly, I didn't realise that the standing order was set up on a continuous basis, and I now realise that I have paid an extra months rent.

It's far too late to recall the standing-order, so I have called the landlord and asked him to return the payment to me.

However, I am terribly worried that if he decides he doesn't want to return the money I won't a leg to stand on.

Any advice would be really gratefully received.