Overpayment of rent - landlord not returning

[Enko]

Could someone please point me in the direction of the law passage that states the landlord must return any overpayment of rent (assuming renter did not overstay or leave earlier than agreed)

We are now 8 weeks past vacating and x landlord has still not returned and is dragging their feet. Management company agreed we are oved this sum.

There is no specific law. However, the High Court has held that a tenant is entitled to a refund when they have made excessive payments by mistake.

Thank you phr. This is dragging lut badly and we are getting frustrated the x landlord is going down each claim they have suggested (started with 5k for a broken cistern lid) now down to 1500 we believe 500 will more than cover our few issues. this rent money is still not repaid 60 days on.

I have a similar issue and I think you make a claim for restitution based on unjust enrichment but I am not totally sure so am considering getting some formal legal advice.

Is it rent or your deposit? If it’s the deposit then it should be in a protected deposit scheme that you should have details for. If the LL has suggested deductions from the deposit then you can challenge these. What are the “few issues”? I think overpayment of rent would be treated separately to deposit deductions.

You’ll need to be clear about is going on as that may dictate how you deal with it.

Its the rent we are still debating the deposit. I have had other threads about it but this is specially about the rent overpayment. The rent deposit scheme says they can not take it i to consideration.

Assuming you have an AST
When did the tenancy begin? Fixed Term or periodic?
How was the tenancy ended? Did you serve NTQ or did LL serve notice?
How have you overpaid the rent?

Fixed term
Lanord served notice
Overpaid as it was on a direct debit and we did not get an answer when we requested to known the rhe last amount then in the midst of all the moving stressed we forgot to cancel the direct debit and our usual rent went in we have overpaid by about £450

Period ended mid monthly payment due to landlord being a bit late with serving notice that has to be 6 months due to covid.

If your tenancy started before 1st October 2015 (and hasn't been renewed) then rent cannot be apportioned regardless of how tenancy ended if rent is paid in advance. But that is common law, not statute.

However. the notice doesn't end the tenancy, so if you've moved out then I'm presuming it was a mutual surrender so whether the LL owes you for that part of the rent will be dependent on what terms were agreed.

For the extra month you paid, again that depends on when and how the tenancy ended and if you are entitled to it and LL doesn't return it, then it'll have to be a money claim.

For legislation you can look up The Apportionment Act 1870

2 years there 2 fixes terms leases

Estate agent agrees we are owed the money landlord has even commented on it as wanting to use it as part of the deposit claim (whole other thead) there is no doubt we are owed this money back. Landlord is dragging their feet and leaving it constantly until the last moment they can to reply to stuff. For example Friday was their 14th day to respond to our response on the deposit scheme and Thursday they call to make us an offer. (X4 above what we have offered in the scheme)

We would just like our money back. We accept the deposit scheme will have to take longer as we will end up in abetration. However this rent money is not to do with the deposit.

Our lease was up on the 10th July with the 6 months landlord gave us we could remain until the 1st August we left on the 31st July. It is not a full months rent owed but about 10 days worth.