Rental deposit

[gcuk2001]

Hi all - I hope someone can help with my query. I have rented from the same landlord for the last 2 years and handed the keys back at the end of September. My first issue is that I accidently didn’t cancel my standing order to the landlord, resulting in me making an overpayment of rent on the 1st of this month.

Subsequently the landlord has raised a dispute with the dps as he is not happy with the state that I left the property in. He had the house keys back for 1 day but has quoted costs for his own labour to complete gardening and cleaning - at a cost of over £700. Further to this he has stated that we have ruined 2 carpets (both old when we moved in) and quoted a cost of £1200 to change both of these due to marks. He has raised a total of £2600 in issues through the deposit protection scheme which is completely ridiculous and I have no idea where he is getting these figures from. My deposit was less than half of this but with the additional overpayment I feel he has vamped up the costs in an attempt for me to say I’ll call it quits on the deposit money and overpayment of rent monies, which I am just not prepared to do.

Any help is much appreciated.
Thanks

[gcuk2001]

Sorry forgot to add that I have requested my overpayment of rent but he is just ignoring my messages. Thanks

[ostell]

Try contacting your bank and try and get that overpayment recalled as it was made in error.

[jaguarsuk]

Try contacting your bank and try and get that overpayment recalled as it was made in error.

A BACS recall has to be initiated within 5 days of the payment, so if it was made on the 1st of this month you need to get on to your bank sharpish.

If they refuse or are unable to do it for any reason you can still claim from him via the courts, the rent was not due and therefore he has been unjustly enriched. A text message is not the way to go about this, you need to write to him to avail him of the state of his legal position regarding the rent over payment and the potential consequences of failing to return it.

Regarding the deposit you need to register your side of things with the DPS and that you expect to see invoices for the work done. If he is unable to produce invoices or he just throws together some crap ones to suit his deduction then you challenge them, if DPS rule against him then you could challenge them via a small claim.

In both instances if you do issue a claim expect him to counter claim for the £2,600 he's claiming and be prepared you will have to defend that, including substantiating your side of the argument.

Personally if I have issues (when we moved in to our current place the carpets should have really been replaced before we moved in) I take photos for these very eventualities. No use in this situation, but a good practice to get into for future.

[brass]

1) You can claim back (if it is?) a dd under the direct debit guarantee. Just notify the bank and say you overpaid. They have to respond within 24 hours.
2) Did you get a tenancy deposit certificate. You need a seperate certificate every time the agreement is renewed. The penalty for the landlord is 3 times the deposit (unless remedied, but sometimes too late to remedy if tenancy finished).

[jaguarsuk]

1) You can claim back (if it is?) a dd under the direct debit guarantee. Just notify the bank and say you overpaid. They have to respond within 24 hours.
2) Did you get a tenancy deposit certificate. You need a seperate certificate every time the agreement is renewed. The penalty for the landlord is 3 times the deposit (unless remedied, but sometimes too late to remedy if tenancy finished).

1. More likely to be a standing order, which is processed through the BACS system and therefore a BACS recall is required.