overpaid by rental agency

[fashionbabee]

my rental agency have paid a cheque (by mistake) into my bank account for the amount of my monthly rent, can I keep this or part of it? I am in dispute with them over a number of things that due to them have left me financially out of pocket (no working heating in my flat when i moved in i had to use oil filled radiators, take time off work etc)

[Buenchico]

It's a criminal offence, under the Theft Act, to retain money paid into your account in error. So, whatever you do, don't simply say "I've got your money and you can take a running jump". (If you follow that course you might get a visit from PC Plod).

If, however, you acknowledge that you owe this money to the rental agency and agree to repay it, then the matter becomes a civil one. I suggest sending the agency a letter along the following lines:

"Dear xxxxx

I note that your firm has paid a cheque for the sum of �xx into my bank account. I recognise that this was done in error and acknowledge my obligation to repay this amount to your firm. I intend to send you a cheque in the near future.

However, I wish to remind you of my claim against your firm in respect of financial losses incurred by myself due to the lack of heating in the flat when I first moved in. In order to minimise the number of financial transactions between ourselves, I suggest that it would be simplest if we could agree a suitable compensation figure prior to me refunding the sum which was paid in error.

I look forward to hearing from you soon.

Yours faithfully

F. Babee"

My understanding of the law is that a letter, in that format, will serve to remove the threat of any criminal action but it will be obvious to the agency that, in reality, you intend to hang on to their money until they make you a sensible compensation offer.

Chris

[erimus1]

Just to make and addition on what Buenchico has already noted. He is quite correct in the majority of what he is saying - by providing the letter as he has suggested, this removes the 'intention of permanent depravation' as is required to complete a theft.

Be careful though, you could still be committing an offence of 'dishonest borrowing', which does not require that final ellement as in normal thefts.

Another caveat that you should note, is that by taking this line could be construe as a form of blackmail (unlikely, but possible)
Hope this assists.

[fashionbabee]

Chris - thats sounds great and that is what I shall do thanks very much for your help!!! Cheers, as it was a fairly lenghy reply so much appreciated!! Fashion babee :-)

[fashionbabee]

ermis one your points have also been noted and I will bear this in mind - thank you! fashion baby x