Friends fleeced by landlord! Is this legal?

[wombat2]

Some friends moved out of their rented house at the end of December, having given the month's notice required. They forgot to cancel their standing order however, and paid over another month's rent by mistake at the beginning of January. The landlord is refusing to give it back! I think the left the place in good order and did not owe the landlord anything.

My friends have got legal advice which said that by paying over the money, they had made an offer which the landlord has effectively accepted and so legally he does not have to give the money back!! Is this correct? Can you legally pay money to someone by mistake in exchange for nothing??!

bump

I'd advise them to pursue it via the small claims court

I think (unfortunately) that it is their fault and their ex-landlord can not be compelled to repay money paid into his account, presumerably any contract they had with him had ended already?

Where did the "legal" advice come from? The bit about offer and acceptance relates to the law of contract. However, for there to be a binding contract, there also has to be consideration and there has been none from the landlord.

It's a simple question of mistake and he should pay it back. Definitely pursue it.

DOn't know I'm afraid but have they tried citizens advice?

Thanks for the replies. I don't know where their 'legal' advice came from either, but it sounded a bit suspect to me too! Their contract ended when they moved out I assume. I agree that they should pursue it.

Are you sure they didn't owe the landlord any money? Many tenants, concerned that the landlord won't return their deposit, just omit to pay the last month's rent. If they did this and forgot to cancel their standing order, they don't really have a leg to stand on.

They might be able to argue for the return of their deposit if there was no damage to the property or other outstanding bills.