Estate agency and eviction

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  • Perce
    replied
    Hello All,

    The deposit has been paid to me at last. 10 days earlier than expected. I was surprised. My ex T. did not agree to release it but also did not raise a dispute.

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  • doobrey
    replied
    Yes... that does seem to be the case for the insured scheme. I think they do have three months. The 30 days that I quoted previously was for custodial.

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  • Perce
    replied
    This is the message I received from Mydeposits

    "​​​​​​If the tenant does not raise a dispute within 3 months, the agents can release the money. If the tenants contact the agents to confirm that they agree for the funds to go to the landlord, then the agents can release the funds within the 3 months"

    My tenant will neither raise a dispute nor reply to emails to agree for the funds to go to me".

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  • doobrey
    replied
    Reference this thread (first four posts) RE: claiming of tracing cost if MCOL claim is submitted first.

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  • theartfullodger
    replied
    Start court debt action today with the address you have for them, (property)?

    Leave a comment:


  • doobrey
    replied
    If we are talking about the time that the tenant has to respond to a claim, MyDeposits state 30 days.

    The tracing agent that I used recently advised that it was not necessary to wait many months for someone to create a digital footprint at their new address. From memory I think they said to wait a month or two - or words to that effect. Having traced the address they said that the person began being linked to the new address around one month after leaving my property (and I think likely that they stayed somewhere else in between the two).

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  • jpkeates
    replied
    If the deposit is in a custodial scheme and the tenant is not co-operative, there is a single claim process, that used to need 3 months, but doesn't anymore (as far as I recall).

    But most agents don't use custodial schemes.

    People finding companies usually do suggest waiting for a bit.

    Leave a comment:


  • Perce
    replied
    Theartfullodger - the ex tenant has not asked for his deposit back and he won't challenge it. The agency wrote to him but he did not reply. Soon it will be 2 months since the eviction.

    Doobrey -

    1 My bailiffs have already tried to find his address straight after the eviction but it was unsuccessful. Could not find any info at all. Also the tracing company I contacted directly advised me to wait for 3 months.

    2. I will call again my deposits and my agency on Monday to confirm for how long I have to wait to initiate the claim and why I have to wait for 3 months.

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  • theartfullodger
    replied
    Given as you state tenant owes a lot of rent I'd concentrate on that "lot of money" rather than the presumably much smaller deposit.

    Deposit is of course tenants money, Wouldn't want to queer larger rent claim by perhaps giving tenant grounds to challenge over deposit being taken.

    But yes, contract or terms agreed with agent at start will govern if there is still a relationship.

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  • doobrey
    replied
    Originally posted by Perce View Post
    My deposit tells me that I need to wait for 3 months to claim the deposit.
    3 months until... initiating the claim?

    Originally posted by Perce View Post
    Bailiffs/tracing agents also need 3 months to elapse before they start looking for the ex tenant's new address
    Says who?

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  • Perce
    replied
    My deposit tells me that I need to wait for 3 months to claim the deposit.

    Bailiffs/tracing agents also need 3 months to elapse before they start looking for the ex tenant's new address.

    Before I start a new claim on MCOL for the outstanding amount I need to know if I get the deposit or not. If I raise a claim and include the amount of the deposit then I would not be able to claim the deposit ?

    I need to check how to terminate the agreement with the agency. I thought once the tenancy is over the agreement with the agency also ends.





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  • DoricPixie
    replied
    Why do you need to wait 3 months? You should be able to put in a claim for the deposit now.

    The contract you have with the agency is separate from the tenancy agreement you had with the tenant so you will need to read the agreement with the agency to find out how to terminate it.

    Leave a comment:


  • Perce
    replied
    Sorry I was not very clear.

    The deposit is still with my deposits. It is not in my hands. I have to wait for 3 months to get it via my agent as they set it up.

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  • AndrewDod
    replied
    So if you have the deposit in your hands right now, why do you need/want the agent?

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  • Perce
    replied
    Yes the deposit can be used for rental arrears according to TA and it is in the PI given to the tenant.

    It was mydeposits insurance scheme because I need to wait for 3 months as advised by the agency and my deposits.

    The deposit will cover only 1 month of arrears.

    I have already issued many MCOL claims and managed to get some money via bailiffs but not all.

    I have also ssued Third Party Debt Order and got 5k. but there are still arrears outstanding and I will need to trace the tenant now to continue with MCOL and another TPDO.

    My ex tenant has not asked for his deposit back since more than a month has passed and I am sure he won't knowing him.

    Leave a comment:

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