Agent refusing to return deposit to tenant

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

  • Agent refusing to return deposit to tenant

    Hi

    My old agent is not returning my deposit after I left the property.

    History:
    • Moved in 04/04/2007. House dirty, as Agent said it was not possible for him to find someone before we had to move in. Agreed we would leave in the same condition (verbally). No inventory when initially moved in. Agent said would have come after a few days with an additional key, but never did it.
    • Number of things wrong with the house. Cracks in sanitaries, windows Major water leaking from roof caused misery to us and neighbour. Notified various time through Summer (phone/verbally) but no action taken.
    • Around September we are tired of chasing and it’s clear life with this guy it’s going to be full of misery. We find another place. Contract says we re locked in for 8 months so have to pay double rent in the meantime - although we are not living in the property.
    • Notify again to the agent we need a list of things to be fixed in writing (sort of "formally", but via email), and that I want to know if regulatory gas checks have been carried out as that worries me. No reply again with the excuse someone tried to contact me and they couldn’t. I go to the agency and leave the key saying they can get in when they want to fix. After another week – nothing happens - I give notice that I’ll be leaving at the end of the contract.
    • Tell agent many times that on the 04/02/2008 the property will be vacant. No replies. I leave the keys in the house and on the 05/02/2008 he sends me an email telling me we have to meet for a checkout. Checkout doesn’t make any sense for me and I don’t want to carry it out AFTER I left the property so tell him there is no inventory (via emails).
    • No replies.
    • Sent other various emails to ask for the deposit. No replies.


    I am now at a stage where I want to send a formal letter before opening a file wth the small claims court.

    Do I have a case??
    If yes, what’s the wording for the letter?
    If no, what else can I do?


    Thanks in advance for any advice
    0a47

    PS = I believe the agent works for a "management company" that also owns the house
    Last edited by oa47; 27-04-2008, 23:18 PM. Reason: adding a comment

  • #2
    It's a shame you didn't move in 2 days later.

    Good luck with your case, certainly sounds like you have a case but your post shows why good inventories are a must.
    ****************************************

    If you are unsure about what to do seek professional Legal advice.

    Comment


    • #3
      Thanks - I know... because of the secured bond scheme that would have been mandatory 2 days later... I realised that myself, but too late.

      Do you think I need to seek professional advice or can manage this myself?

      I am sort of familiar with how to go about failing a claim online (bank fees reclaimed successfully), but I don't know what kind of supporting documentation i must start preparing, and what kind of "formal" (recorded delivery conventional mail) warning I have to give to the agent. Everything has been mostly through emails, I am not even sure that's acceptable in court.

      Any other word of advice or consolation much appreciated. I very sad about the entire issue.

      oa47

      Comment


      • #4
        GO about it as you did before. Emails are fine in court.
        GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

        Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

        Comment


        • #5
          Thanks for injection of self-confidence!

          I will give it a go. I am preparing and sending the letter tomorrow.

          oa47

          Comment


          • #6
            "Management Company" is the other party specified on the tenancy agreement.

            The landlord works for them, but I only know his first name. I have only communicated with him via email and phone (never with the actual "company").

            Who should I notify of the intention of going to court?

            Thanks
            oa

            Comment


            • #7
              So who is L: the man or the company?
              To avoid confusion, serve on both.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


              • #8
                Originally posted by jeffrey View Post
                So who is L: the man or the company?
                To avoid confusion, serve on both.
                Sorry shouldn't have used the word "Landlord".

                This "agent" works for them.

                I believe the Landlord is the company.

                I only have one address anyway. The question is more about whether to refer to the agent or the company as recipient of my notification.

                oa

                Comment


                • #9
                  Also asking money back for double rent...

                  Originally posted by justaboutsane View Post
                  GO about it as you did before. Emails are fine in court.
                  Originally posted by oa47 View Post
                  Hi

                  My old agent is not returning my deposit after I left the property.

                  History:
                  • Moved in 04/04/2007. House dirty, as Agent said it was not possible for him to find someone before we had to move in. Agreed we would leave in the same condition (verbally). No inventory when initially moved in. Agent said would have come after a few days with an additional key, but never did it.
                  • Number of things wrong with the house. Cracks in sanitaries, windows Major water leaking from roof caused misery to us and neighbour. Notified various time through Summer (phone/verbally) but no action taken.
                  • Around September we are tired of chasing and it’s clear life with this guy it’s going to be full of misery. We find another place. Contract says we re locked in for 8 months so have to pay double rent in the meantime - although we are not living in the property.
                  • Notify again to the agent we need a list of things to be fixed in writing (sort of "formally", but via email), and that I want to know if regulatory gas checks have been carried out as that worries me. No reply again with the excuse someone tried to contact me and they couldn’t. I go to the agency and leave the key saying they can get in when they want to fix. After another week – nothing happens - I give notice that I’ll be leaving at the end of the contract.
                  • Tell agent many times that on the 04/02/2008 the property will be vacant. No replies. I leave the keys in the house and on the 05/02/2008 he sends me an email telling me we have to meet for a checkout. Checkout doesn’t make any sense for me and I don’t want to carry it out AFTER I left the property so tell him there is no inventory (via emails).
                  • No replies.
                  • Sent other various emails to ask for the deposit. No replies.


                  I am now at a stage where I want to send a formal letter before opening a file wth the small claims court.

                  Do I have a case??
                  If yes, what’s the wording for the letter?
                  If no, what else can I do?


                  Thanks in advance for any advice
                  0a47

                  PS = I believe the agent works for a "management company" that also owns the house
                  I finally got around to putting my letter together.
                  Some additional questions:
                  - Do I have grounds to ask for the double rent I paid from 18/10/2008 ? (that's 109 days - £3270!)
                  - Do I have grounds to ask for a day worth of work, given I'll have to attend court?
                  - Shall I include interests - and how do I calculate them?
                  - The contract is a joint tenancy agreement, can I sign the notice letters, court proceedings etc. all in my name only (don't want to waste my friend's time)

                  Thanks
                  oa47
                  Last edited by oa47; 26-05-2008, 22:47 PM. Reason: more questions to ask...

                  Comment

                  Latest Activity

                  Collapse

                  Working...
                  X