How Long Does a Landlord Have to Return Overpaid Rent?

When it comes to renting, there are a variety of laws put in place to protect your rights as a tenant. However, researching and understanding your rights can be tedious and time-consuming. For example, what happens if you accidentally overpaid your rent? What happens if your landlord is withholding excess funds? What rights do you have? DoNotPay is here to help you navigate the process.

Landlord-Tenant Rights and Responsibilities

Landlords have some rights to protect their property and income just as you have rights. Therefore, taking a look at your rights and responsibilities is essential.

What Are Your Responsibilities as a Tenant?

You must give your landlord reasonable access to the property to inspect it or to carry out necessary repairs.
You are to take good care of the property.
You must pay the agreed-upon rent - you cannot withhold rent over disputes or repairs.
You must pay all charges as agreed (Council Tax, utility bills, etc.)
You must repair, or pay for, damages caused by you, your family or your friends.
You may only sublet the property if your tenancy agreement/landlord allows

What Are Your Rights as a Tenant?

Fitness for Human Habitation -

the right to live in a property that is safe and in a good state of repair
the right to have your deposit protected in some circumstances
the right to have your deposit returned when your tenancy comes to an end
the right to challenge excessively high charges
the right to know who your landlord is - you are entitled to this information within 21 days of requesting
to the right to live undisturbed in the property
the right to see the property's energy performance certificate
the right to protection from unfair eviction
the right to protection from unfair rent
the right to have a written agreement fixed-term tenancy agreements that are more than three (3) years
the right to a fair tenancy agreement that complies with the law
the right to receive the correct rental guide or tenant information pack based on where you live

What Should You Do If You Overpay Your Rent?

Sometimes, mistakes happen. Perhaps you forgot to cancel a standing order for your rent or paid too much towards your rent. When this happens, how do you get your money back?

If you catch a standing order in time, you may be able to cancel it before it is paid out.
If your payment has already reached the landlord, contact them and politely explain the situation.
The High Court has held that if a tenant makes rent payments in excess by mistake, they are entitled to a refund for the overpaid amount.
Your landlord should respond within a reasonable time to refund your money.
This money is separate from your deposit and should not be considered payment towards damages if your tenancy has ended. They are individual matters and should, in theory, be handled separately.

Get Your Overpaid Rent Returned With the Help of DoNotPay

Dealing with landlords can be frustrating and time-consuming, especially if you are unfortunate enough to deal with an unscrupulous person. However, if you have followed all of the proper protocols for requesting your , and are still having issues with your landlord, DoNotPay can help. We are here to help you issue a demand to your landlord and get your refund in a timely, efficient manner.

If you need to get your landlord to return your overpaid rent but don't know where to start, DoNotPay has you covered in 4 easy steps:

Search for and open the Landlord Protection product on DoNotPay.
Select which issue applies to you.
Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.
Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.