Agents Taking Landlord's deposit

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #31
    If the tenant owes you money and the deposit isn't available, you could simply sue the tenant for what they owe.

    However, all of this must be documented somewhere.
    You can't hope to recover the deposit from the agent if you can't show the basis on which it is held and what the agent is meant to do with it.
    You would have to show that your claim on the deposit is superior to the agent's claim (which might be that the agent has no claim on it at all).

    You could ask the agent on what basis they believe that can take the tenant's money they were (presumably) holding on trust for you both.

    It is unlikely that the fee is a "penalty".
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #32
      The contract said the deposit is to cover the landlord for the damage and tenant default. it mentions nothing about agent.
      Agent simply saying the tenant owes them penalty commission and not responding to any request on deposit claim.

      Comment


        #33
        What does the contract with the agent say (there should be one between the agent and the tenant - otherwise they can't claim any fees and one between the landlord and the agent which outlines the service the agent will provide relating to their holding of the deposit - there might be a tripartite agreement between the landlord, agent and tenant relating to the deposit being held by the agent as a stakeholder).

        The key question to ask the agent is on what basis they think they can take the deposit without committing fraud by abuse of position?
        That should at least get them looking at what they're doing.

        Bear in mind that you are not necessarily entitled to the deposit either, the tenant should agree how it is to be used (as it's their money).
        The very specific wording of your tenancy agreement is going to be key as it contains what they have already agreed.

        I would suspect that you are going to end up suing the tenant for your loss.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #34
          Three related threads have been merged.
          I also post as Mars_Mug when not moderating

          Comment


            #35
            jpkeates,

            Thanks
            will it be useful if I can get the tenant writing he would like to use his deposit to cover landlord's loss and the remainder to pay for agent? he is aware that he is still liable for the rest of amount due?
            is there any point of suing the tenant if he is an EU national returning to EU?

            Comment


              #36
              Yes and not really.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment

              Latest Activity

              Collapse

              Working...
              X