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    luckyducky46's Avatar
    luckyducky46 Posts: 2, Reputation: 1
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    #1

    Oct 27, 2010, 06:55 AM
    Property company harvesting tenant's accidental overpayment.
    Dear Sir/Madame

    I am asking for advice, I am 20 years old. I have been living in a flat with 3 other tenants for the past year. On 17th August our tenancy ended. Rent was £300 a month and I always paid my rent on time. I decided to pay a lump sum in May which included that month's rent and the following months rent until September. I accidentely paid £300 more than I should have. The company my flat is registered with will not give me back my accidental overpayment or my deposit owed to me, because the other 3 tenants I had lived with have not paid their own rent fully. The company said they will not give me the money I am entitled to, but rather they will use it to pay for the other tenants own individual costs, which I have nothing to do with.

    They are not making any real effort to communicate with the 3 other tenants in order to receive their very late and overdue rent payments. The company expect me to chase after the other 3 tenants, but this is not my place or my responsibility. If the other 3 tenants pay, the company said they may still use my overpayment to pay for the 3 tenants late fees and costs.

    Do I have a case to use legal action against the company to get back the money I am rightfully owed?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Oct 27, 2010, 06:58 AM

    What country do you live in... laws can vary greatly. That way the right person can answer that knows the law in your land.
    luckyducky46's Avatar
    luckyducky46 Posts: 2, Reputation: 1
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    #3

    Oct 27, 2010, 07:03 AM
    I live in Northern Ireland but the flat which is in question here is in Edinburgh. I had been living in the flat in Edinburgh and it was a property company in Edinburgh that we were registered with, therefore it is UK law, Scotland in particular.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Oct 27, 2010, 11:26 AM

    Well, I don't know much about Scottish law, but it does appear to me that you probably don't have a right to sue the company to which you mistakenly overpaid rent. What, by the way, does the "A" stand for in " £300"?

    You should look to your co-tenants for reimbursement. Do you have a written lease? Do you have a written contract with your co-tenants? Are they named in the lease?

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