overpaid rent!!!! | The Tenants' Voice
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overpaid rent!!!!

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3274 views 2 replies latest reply: 16 July 2016


I’m having a real problem with the letting agent we used to rent off. The deposit is still held in DPS, letting agent refusing to use ADR and wants the full amount back. He says he has started a single claim and sent off all evidence but DPS know nothing about it. So we are left hanging around.
Also in the meantime my standing order continued to go out for the rent. I asked for it back over a month ago and still haven’t received it, I sent LBA for small claims last week which I really don’t want to do. I have a feeling they would submit a counterclaim saying they want to use some of it in addition to the deposit. Anyone know where I stand? X

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Hi Wendy, thanks for posting in our forum. What a stressful situation in addition to a lot of money to be missing out on.

It sounds as though the letting agent may be trying to take advantage of you by demanding the full deposit (rather than a portion of it) and in their refusal to return rent overpaid. You say the letting agent claims to have made a “single claim” however, the ADR service can only be used where both parties agree to resolve the dispute using the service, and you have said that they are refusing to use the service.

Please bear in mind that the letting agent is acting for and on behalf of the landlord – if you haven’t been in touch directly with the landlord, it might be a good idea to write a calm, polite letter outlining how you would like to resolve the situation. His/her address should be on your tenancy agreement.

If the landlord is refusing to use the ADR then the dispute will have to be taken to the county courts. The Shelter website has excellent advice and letter templates you can use: http://england.shelter.org.uk/get_advice/tenancy_deposits/getting_an_unprotected_tenancy_deposit_back/going_to_court_to_get_a_tenancy_deposit_back

Your overpaid rent cannot be used in addition to your deposit for repairs to the property as it is a separate issue. Hopefully the overpayment will be returned due to the LBA you have sent.

You can file a formal complaint about the letting agent and there are several ways of doing this: directly through the agent (details should be on their website or you can ask for a copy of their policy), through the professional associations such as NALS, ARLA, RICS, (most reputable agents have such professional memberships, if so the details will also be on the letting agent’s website; each organisation has their own procedures to follow) and/or with the property Ombudsman. Doing this should result in not only the return of your money but in an improvement in the services provided by the letting agent which will be of benefit to all tenants.

Please also review the letting agent on our website to inform the TTV community of your experiences: http://www.thetenantsvoice.co.uk/review/

All the best for a speedy resolution.

Disclaimer: This information is derived from personal experience and should not be relied upon as a definitive or accurate interpretation of the law.


Hi i wonder if u can help my rent is 390 a month but i pay 97. 50 a week which worksout at 422 a month can i ask my private landlord for the differance back ?  About 4 and a half years worth ?  Thank you 

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