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Significantly overpaid rent

  • 28-04-2014 9:16am
    #1
    joostl
    Closed Accounts Posts: 58 ✭✭


    Just looking for some input on this. My monthly rent due each month is 1150 and has to be paid before the 1st of each month, I normally pay a few days earlier(standing order set up for 27th). By mistake I had set the standing order amount for to 11.500 as opposed to 1150.

    The standing order went through over the weekend without me noticing and now i overpaid 9 months worth of rent. I contacted my bank and the Standing Order might get rejected as the payment would put me in an unauthorized overdraft.

    If this doesn't happen, what are my rights in relation to the landlord, please note i rent privately, no estate agent involved, tenancy is registered with PTRB, and I have limited contact with my landlord.

    - Is he required by law to give me the over payment back?
    - Can he consider this over payment as an advance for the next 10 months rent?


Comments

  • #2
    Michael D Not Higgins
    Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    I would think you would be entitled to the overpayment back from the landlord. Even if you had the money and the landlord agreed to it, who knows what will happen in those 9 months? You could be in desperate need of some liquidity for whatever reason, or you could just be intending to move and have to take a drawn out case with the PRTB to get the cash released.


  • #3
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    If you paid by a SEPA compliant standing order- you may be able to reverse the payment (normally you can reverse up to 3 payments to any account, without question).


  • #4
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    I know that direct debits are guaranteed, but I'm not sure about Standing Orders. The reason that DDs have a guarantee is because the receiver has a certain amount of control. However, with SOs there is no such control, it is a static instruction.


  • #5
    Magicmatilda
    Registered Users, Registered Users 2 Posts: 601 ✭✭✭Magicmatilda


    Have you contacted the landlord?

    You seem to be assuming that he will not just return the difference, has he given you reason to believe that he would do that?

    I used to work in a commercial bank and if you sent money incorrectly you could initaiate a return of funds investigation - have you asked your bank if you can do that? No doubt there would be a charge.

    Essentially though if you overpay and the beneficiary refuses to return the cash then you would have to take civil action as they have not stolen it.

    If I were you I would call the bank again and try and find out when you will know whther it has gone through or not.

    I would then contact the landlord and see what he says.


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