Overpaid Rent, Landlord Does Not Want to Reimburse

PetPenguin on 15/11/2019 - 12:17

Hello everyone,

My partner and I lived in a rental house in SA for 2 years, and have now moved out. We paid our rent through a real estate agency, and never met in person with the landlord. We paid our rent according to the real estate agency's instruction and just followed what they asked us to do.

Our final rent payment covered 2 weeks, but we moved out after 3 days (the day our contract was ending). The real estate agent said that she will take payment for the 3 days of rent and the water bill and pay us back the excess.

Now it has been over a month that we have moved out, we have recovered the totality of our bond (lodged in a separate institution), but we still haven't got the excess rent back. Every time we contact her she says that the landlord refuses to understand that there was an excess in the payment, and does not want to give the money back. We have provided him with our bank statements clearly showing that it is the case, the agent says she's also showed him our payment records, still to no avail.

The sum owed to us is close to $1000, so I don't want to let it go. I just have no idea what I can do about it. My feeling is that the real estate agency should be reimbursing us, and then fight for their money with the landlord, leaving us out of it. If anyone has some idea with regards to a course of action, it would be much appreciated.

Cheers!

Home & Garden

Comments

  • GG57 on 15/11/2019 - 12:20
    +2

    Who was the other party in your lease agreement; the landlord or the agency?
    That is who you need to pursue.

    • PetPenguin on 15/11/2019 - 12:24

      Paid our rent to the real estate agency, we never dealt with the landlord or even met him. Money would go from us, to the agency, then I believe from them to the landlord. We have never had any issues, always have been good tenants. How can I convince them to pay us back and leave us out of the quarrel with the landlord?

      • GG57 on 15/11/2019 - 12:25
        +1

        Again:
        Who was the other party in your lease agreement; the landlord or the agency?
        That is who you need to pursue.

        I know how the process works.

        • Almost Banned on 15/11/2019 - 15:17
          +17

          No you don't.
          The contract cannot possibly be between the OP and the agency. The agency could only ever have entered into an agreement as agent for their principal.
          The contract is between the landlord - the person who owns the property - and the tenant - the OP.

          • kipps on 16/11/2019 - 09:39
            +6

            @Almost Banned: Not sure why you’re getting neg’d so much. This is the answer in law. The landlord is liable for the acts of their agents. The landlord is liable here for an action in money had and received.

            • Almost Banned on 16/11/2019 - 10:56
              +17

              @kipps: Honestly Kipps I have given up.
              The number of f-wits on this site who think that because they have made it to adulthood without killing themselves they are experts on the law and are equally qualified to opine on it as people who actually know and work in the field is truly disheartening.
              I really don't know why I bother.

              • gimme on 17/11/2019 - 01:16

                @Almost Banned: Lol and your point was immediately proven. I actually read this forum to feel thankful and happy abt my life choices and intelligence.

              • TEER3X on 17/11/2019 - 10:19

                @Almost Banned: Definitely in the running for the best comment of the year award (if there is such a thing, if not there should be)

            • Almost Banned on 17/11/2019 - 21:40
              +1

              @OzHunterNSW: Let me see if I can make this simpler and clearer for you.
              A lease is a contract which creates an interest in land. Residential tenancies have specific rules - but they are still just contracts.
              So - let's compare it to another, but similar, contract which creates an interest in land.
              Imagine you want to purchase a property. The seller uses an agent to market and sell the property.
              You make an offer. The seller accepts the offer.
              You never meet the seller - all your negotiations are through the agent.
              Now, you have a contract to acquire the property. All of your contact is with the seller's agent. You have no contact with the seller.
              Is the contract between you and the agent (who has no interest in the property they are selling), or between you and the registered proprietor seller?
              If it is between you and the agent, how does the agent pass an interest in a property they do not own?
              Now, let's consider the over-payment.
              For whatever reason you pay too much at settlement - let's say there's a rates bill or similar which wasn't available at the time so your settlement agent tacks on a bit more to cover it. If you overpaid, is your claim against the agent, or the seller?
              Who has the money? Who is your contract with?
              First year law students learn this stuff - but why do they bother when people on the internet know better?

      • OzHunterNSW on 16/11/2019 - 10:12
        -5

        Forget about the term "land lord"… the agent is effectively the entity you deal with. Forget about the "land lord.
        You take the agent to Tribunal. They explain why they have not reimbursed you your money.
        It has nothing to do with the "Land Lord"….
        You signed the lease with the agent. The contract is with the agent. You only know the agent.
        It is the agent you take to Tribunal.
        Ring the Dep of Faire Trading, ring NCAT.
        Tell them what is going on.

        • this is us on 29/11/2019 - 00:00

          How "there is nothing to do with the landlord" if this is the creature who got the money and doesn't want to give it back? That's 99% about the landlord, and 1% about the agent who is trying to deal with the stupid landlord.

      • HighAndDry on 16/11/2019 - 14:47
        +2

        Unfortunately if you paid to the agent, you need to get it back from the agent. If they're out money because landlord refuses to reimburse them, that's their problem.

      • Love a bargain on 16/11/2019 - 16:39

        Did you pay rent into the RE's trust account or directly into the landlord's account?

        If the former, which I believe is the norm, the RE can just remit the 3 days worth that your landlord is entitled to and give the rest back to you. The landlord has no control over that.

        In any event, when I was moving out of my rental, I adjusted the amount of the final rent to cover only up to the day I'm supposed to move out.

      • Zonty on 17/11/2019 - 01:40
        +1

        What was lease agreement? Was it monthly base? Did you notify before month that you will empty property particular date ( need to be written)? If you have and did not breach of lease contract you can get back your advance payment.
        There is few state complain department where you can ask for help. They will involve to help you. Make sure all is written. Also send email to agent before file complain and warn them before you lodge complain. Hope they panic and fix it.

        https://www.consumer.vic.gov.au
        https://www.fairtrading.nsw.gov.au/

  • theHMASfriendship on 15/11/2019 - 12:22
    +3

    SACAT

    • spackbace on 15/11/2019 - 12:32
      +12

      Make sure you google all 5 letters of that, bad things happen if you drop a letter!

      Yep, you might end up reading up on cricket! Shudders

      • scatman00 on 15/11/2019 - 13:06
        +13

        Only good results.

      • [Deactivated] on 28/11/2019 - 21:49

        Hard to believe but there are worst things than cricket …SCAT for instance - I would take cricket over that any day.

        • spackbace on 28/11/2019 - 23:51

          Yeah that was implied with my joke…

      • PetPenguin on 15/11/2019 - 12:38

        Thank you, I will dig into that.

    • PetPenguin on 15/11/2019 - 12:36

      Thank you. I have now lodged a request through the organisation SYC, which helps tenants with legal matters. I feel like it could be a very long drawn-out process unfortunately.

      • holdenmg on 15/11/2019 - 12:51

        Ask about a Letter of Demand.
        https://lawhandbook.sa.gov.au/ch14s02s04.php

        • PetPenguin on 15/11/2019 - 13:15

          Will get some info on that, thanks!

      • OzHunterNSW on 16/11/2019 - 10:07

        Please read my full post: It is not a lengthly process and you can do it yourself.
        NCAT, look them up. Contact them. Look on the internet.
        Remember, your land lord is the one who is answerable.
        I would even seek interest upon the monies outstanding.

        • canyoudoitcheaper on 17/11/2019 - 07:11
          +2

          Didn’t you just comment above saying the landlord had nothing to do with this and you should go after the agent?? Make up your mind.

  • elgrande on 15/11/2019 - 12:40
    +4

    Surely there is a tribunal in SA? Should be strait forward.

    Also, the agency did not do their job properly in paying the excess to the landlord initially.

    • PetPenguin on 15/11/2019 - 12:43

      Yes, I have to say I was hoping that there would steps that I could undertake before making it a legal matter.

      • Summoner on 15/11/2019 - 13:00
        +1

        It seems that the landlord cannot be reasoned with.
        If you have all the evidence, gather them together and get the statement from the realestate agent.
        Then raise the disput through SACAT as others suggested.
        From my expenreice, there is no easy way to force the landlord if they do not do what they are suppose to do.

        • PetPenguin on 15/11/2019 - 13:13
          +1

          Thank you for your message. I have already received a reply from SYC, and that's exactly what they tell us to do. Go to SACAT, show convincing evidence that this money is owed to us, they will then send the landlord an Order to pay us back. That Order is legally binding.
          This process will only cost us $76.5 and takes 1 to 4 weeks, and it seems quite straight forward. That should hopefully be enough.

  • ops2000 on 15/11/2019 - 13:33
    +9

    Should be chasing the Real Estate Agent not the landlord. If real estate agent is saying the Landlord won't give money, then that's their problem. Their job is to handle the funds between tenant and landlord. If they gave more to the landlord by mistake, that's not your problem.

    You deal with real estate agent. Tell them you'll take them to the ACCC tribunal to get your money back.

    https://www.accc.gov.au/consumers/health-home-travel/real-es…

    • PetPenguin on 15/11/2019 - 13:44
      +1

      Yes, it was my first reaction too, deal with the Real Estate Agent and get them to reimburse us since we paid them. But the advice I got from SYC is "the Agent is acting on behalf of the landlord and follows his instructions".
      I guess it could be a two fold approach, SACAT for the landlord, and ACCC for the Real Estate Agent.

      • derrida derider on 15/11/2019 - 15:28
        -1

        Yep, ops2000 is dead wrong. It is the landlord, not the agent, that has breached the contract and that you should be sending the letter of demand to. The agent having passed the money on has no more to do with it.

        • OzHunterNSW on 16/11/2019 - 10:08

          Wrong, the lease was signed through the real estate agent. The "land lord" is only the owner of the property, not the manager.

    • Typical16-bitEnjoyer on 15/11/2019 - 13:45
      +1

      ACCC can't do anything. OP needs to file in SACAT.

      • PetPenguin on 15/11/2019 - 13:53
        +1

        I will stick with SACAT, keep it simple and straight forward. I am not angry at anyone, I just would like our money back.

  • Seraphin7 on 15/11/2019 - 14:08

    Any reason why you paid for two weeks, knowing you were only going to be there for three days?

    • PetPenguin on 15/11/2019 - 14:23

      Please see reply to JimmyF.

  • JimmyF on 15/11/2019 - 14:09
    +2

    Our final rent payment covered 2 weeks, but we moved out after 3 days

    Why would you do this in the first place!?

    • PetPenguin on 15/11/2019 - 14:19
      +1

      Because when we told the agent we were going to pay for the 3 days and the water bill, she said it would be easier to do it that way.

      • Seraphin7 on 15/11/2019 - 14:29
        +6

        Yeah, never a good idea to give people extra on the promise it will come back to you. The onus is then on you to chase up repayments. Always better to have people chasing you for ancillaries than the other way around so you can control what gets paid and when.

        That said, you need to write a letter of demand to the agent on the matter. That must always be your first course of action. From there, you should rely on the various tenacy agencies that others have mentioned.

      • JimmyF on 15/11/2019 - 14:33
        +7

        she said it would be easier to do it that way.

        She lied and then you should be chasing the agent up.

        The question is, why has the agent passed on the 'excess' payment the landlord?

        In the future, don't over pay, and have them send you the bill and pay it that way.

        • PetPenguin on 15/11/2019 - 14:45
          +2

          You both make good points, thank you. It was a small decision amongst a lot more important ones at the time, and we brushed it off, as our energy was required elsewhere. I understand that from an external point of view it would seem silly.

          • JimmyF on 15/11/2019 - 14:46
            +1

            @PetPenguin: Its a live and learn thing, you'll know for next time!

            I would be chasing the agent as they are the ones you are paying and they are the ones saying they would refund you.

        • Almost Banned on 15/11/2019 - 15:19
          -6

          She didn't lie - it absolutely was easier FOR HER to get extra funds.
          Stupid of the OP OTOH.

          • JimmyF on 15/11/2019 - 15:34

            @Almost Banned:

            She didn't lie

            She did lie, as the funds haven't been refunded with them blaming the landlord now.

            The agent screwed up and passed all the money over to the landlord, who now doesn't want to give it back.

            • Almost Banned on 15/11/2019 - 19:38

              @JimmyF: She didn't lie.
              She said it would be easier to do it that way.
              It was easier - for her and the landlord. They got the money.
              She did not say it would be easier for the tenant - hence, no lie.

              • JimmyF on 15/11/2019 - 20:53

                @Almost Banned:

                She didn't lie. She said it would be easier to do it that way.

                Which for the OP is hasn't been easier, so she did lie.

      • bobwokeup on 15/11/2019 - 20:04
        +1

        Ahhh based on that don't believe a word the agency says from here on. As a landlord myself if I employed an agency I would act on their word. I personally choose to do it myself so that things like this don't happen and it's an additional cost when they don't do much (sorry to those that do it but I don't think the cost is worth it if of course you live within driving distance).

        I reckon they are keeping it for themselves and not passing it onto the landlord.

      • Love a bargain on 16/11/2019 - 16:41
        +2

        never listen to/ trust an RE agent and a used car salesman

      • trapper on 28/11/2019 - 17:48
        +1

        Remember never to do this again.

        Never overpay anything if you can avoid it, then it just becomes your new job to try and get your money back.

  • Soluble on 15/11/2019 - 15:41
    +4

    Speak with the director of the real estate. Quite often the property manager doesn't tell them everything and tried to cover their own ass. Otherwise it's SACAT all the way.

    Most likely scenario is a new tenant, and the property manager refunds you from the new tenants rent

    • PetPenguin on 15/11/2019 - 17:29

      Thank you for your input, I will find out who the director is.

      • Soluble on 15/11/2019 - 17:55

        Also, if you go to SACAT(I assume that's what it's called as mentioned above) make sure you have the evidence(emails/bank statements) if it's anything like VCAT in these instances, they almost always rule in your favour without much fuss.

        • PetPenguin on 15/11/2019 - 19:42
          +3

          Cheers! I have everything gathered, bank statements, rent receipts, tenancy agreements, various emails and text messages. I think it's pretty solid and I hope it will make it easier.
          Thanks to everyone in this thread, we now have a solid course of action!

          • holdenmg on 15/11/2019 - 22:36
            +1

            @PetPenguin: Good, nobody likes an Angry Penguin.

            Well, other than:
            https://en.wikipedia.org/wiki/Angry_Penguins

            But, apart from that… :+)

          • john_conner on 16/11/2019 - 17:25

            @PetPenguin: Best of luck. Definitely go SACAT with all your evidence. They may back off once they heard you are lodging a case (REA will definitely recommend that LL settles before SACAT).
            Also definitely escalate it to the REA office manager or whoever is in charge. The REA is a middleman and it’s reasonable to say that they screwed up because they should NOT have remitted the whole amount to the LL (only paid the 3 days and held the rest in trust).
            You shouldn’t have to spend your time and money to rectify their massive balls up.

  • lainey13 on 15/11/2019 - 22:32
    +2

    Threaten with SACAT first, then lodge if the agents don't back down.

  • OzHunterNSW on 16/11/2019 - 10:02
    +3

    TRIBUNAL: NCAT (in NSW).
    My LL was Ordered recently to give me $2,500.
    On a previous occasion the LL were trying to scam $300+ for water usage. I took that to Tribunal, and the LL confessed that it is the amount they actually owed me.
    The process is quite simple. Contact the Dep of Fair Trading, for advice. Contact NCAT for advice. Contact Tenants Advocacy black black for advice.
    It is your money. Just have all your proof. Have all your letters of requests. And then present your case to Tribunal.
    Tribunal deal with scum LLs every day. They actually conduct the case without you needing to further input.
    Your LL is now the one who needs to explain their actions.
    Go for it.

  • AbsX on 16/11/2019 - 11:59
    +2

    Dodgy landlords and REAs, I hope you win OP

    • PetPenguin on 16/11/2019 - 16:15
      +4
      • We had a tenancy agreement, moved out when we were meant to, paid our rent till the end (obviously, otherwise we wouldn't be in this situation).
      • We wanted to stay in this house, but had to move out at the end of our lease because the landlord wants to sell the house
      • The water bill had arrived and the total sum was known
      • We don't owe money. We are owed money. It is easy to prove from all the receipts, emails and texts with the Agent. I believe everyone understood that in this thread
      • "Be happy you got your bond back and sit tight for a reply". Maybe you are a carpet that likes to be walked on. I am not. We sat tight for a month and got nothing but the same excuses. I believe it is now time for me to get informed on my situation and rights, so I can take the best decision when I am required. And the reason we got our bond back is because we looked after this house like it was ours and through our efforts left it in a better condition.
  • T1OOO on 16/11/2019 - 16:55

    Don’t forget a lease is actually 52 weeks and 3 days. Can catch out people thinking they over paid.

    • PetPenguin on 16/11/2019 - 17:50
      +2

      This is not the issue. It is established that the money is owed to us. The issue is that the landlord has it, and that he is not giving it back. Anyways, we now have a course of action. I will add an update to my post to let everyone know how it ended, and what we had to do to resolve this issue.

  • baskinghobo on 16/11/2019 - 18:40

    I had a similar problem once where I accidentally paid rent twice and when i asked for a refund i was told by the real estate that it would be illegal for them to take money out from the trust fund. It didn't really matter for me though because I still live here but maybe it might be the same with your case?

    • Love a bargain on 18/11/2019 - 22:37

      What a load of BS. They deduct their fees out of the rent you paid into the trust fund before passing what's left to the landlord.

  • shreav on 16/11/2019 - 19:04
    +2

    I had an a few issues with my landlord and the agent. Luckily, I had documented everything like I was some kind of psychopath. Initially I tried to keep it peaceful but when I realised that they wouldn't budge, I gave them my evidence, my demands, and a date to comply by which if breached then I was going to raise an application with QCAT with no further notice to them. I gave them a date to comply by after which I stated that I would lodge a complaint with QCAT with no further notice to them.

    It worked out for me after that. I would suggest you try the same. Don't speak to them on the phone - keep it all in written communication.

  • gimme on 17/11/2019 - 01:19
    +1

    Property mgrs, used car salespeople, recruiters, septic tank cleaners. One of the four professions I respect.

    • psdillon on 17/11/2019 - 10:28

      Property managers get yelled at all day, so the good ones never stay.

  • chillwok on 17/11/2019 - 10:12

    did you ask the agency if they showed you the last statement they paid to the lanlord? what day does it say paid till on that statement, 3 days or 2 weeks?

  • TEER3X on 17/11/2019 - 10:22
    +1

    Hope OP gets back their $1,000 plus interest or any other penalties. Seems like most landlords are thieves these days.

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