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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a landlord and in my haste to comply with tenancy

Customer Question

I am a landlord and in my haste to comply with tenancy deposit regulations I have overpaid my tenants deposits by £600. Polite requests for the extra funds to be returned have simply been ignored. I was a good Landlord but stupidly refunded £2400 rather than £1800 - confusing this group of tenants with a neighbouring property that had two more tenants. Do I have any legal redress?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.To be clear you paid back £2400 and it should have been £1800?Have you asked for it back please? Do you have a forwarding address?
Customer: replied 1 year ago.
Yes, I paid £2400 when I should have paid £1800. I have emailed the whole group to tell them I've spotted my mistake and politely ask for return of the money. They will have my email address to reply to. I have also written to their parents by traditional post with my home address. One of the parents sent a cheque for £100, the others ignored me.
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund of the £600 within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
That's great thanks. And if they still don't pay do they get a CCJ?
Expert:  Ash replied 1 year ago.
Correct.Does that clarify?Alex
Customer: replied 1 year ago.
Yes thanks. Most of them won't want a CCJ so will pay. That's very helpful thanks
Expert:  Ash replied 1 year ago.
Great. If I could ask you to rate my answer before you go today, otherwise the site wont credit me for the time spent with you. Good luck! Alex
Customer: replied 1 year ago.
Oh one question - if I go via small claims I won't get my court costs back ( I should just pay these for my stupidity!). If I go through regular courts would they have to pay them?
Expert:  Ash replied 1 year ago.
Small claims costs yes. It wont be a regular Court, if its below £10,000 it will always be a small claim.You would be entitled to Court issue and hearing fee.Does that clarify?Alex
Customer: replied 1 year ago.
I think so - you mean the tenants would have to pay the court issue and hearing fee? That would be fair.
Expert:  Ash replied 1 year ago.
Yes, that is right.Does that help?If I could ask you to rate my answer before you go today, otherwise the site wont credit me for the time spent with you. Good luck! Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
I've just realised that I didn't ask a farily important question. As I paid the refunded deposit back to the lead tenant (as per tenancy deposit law), who should I be claiming against? The lead tenant, or all of the tenants? Obviously the claim is more powerful against all of the tenants, but would i complete one claim per tenant, a single claim against the lead tenant or a single claim against the group, naming the individual tenants?
Expert:  Ash replied 1 year ago.
All tenants I assume are joint and severally liable, so everyone.Alex

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