How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

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 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