legal advise required // Deposit

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    legal advise required // Deposit

    My estate agent do not want to give back my deposit.
    He refuse to give me a paper explaining the reason for keeping my deposit.

    I had to refer to the police 1 month ago, because he was harrassing me for the rent ( he came to my house, requesting the rent , on the 01st July (day when the rent is due), and frightenned me. It wasn't the fisrt time he came to the house and shout at me . He even told me that I was racist (I'm french)...and so on ).

    I do not know if he has the right to do that. I would like to know wich legal actions I could take to have my money back.

    I'm really desperate , please please, I'm looking forward to hearing from you.

    #2
    Do you mean your Landlord or the Letting (Estate) Agent is keeping your money?
    Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

    Comment


      #3
      Can you tell us when you left the property? Was there an inventory completed by yourself and the agent/landlord at the beginning of the tenancy? When did the tenancy end? Did you give the required notice? Just some specifics about the tenancy as a whole, and in particular the way in which the tenancy came to an end would be helpful in answering this question.

      A simplistic answer to your question would be that no, they cannot withhold your deposit without reason, as you are entitled to any receipts for whatever they have spent the deposit on. And your legal comeback would be small claims court. However, it is impossible to say that he has rightly or wrongly withheld your deposit without further info.
      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

      Comment


        #4
        Originally posted by pippay
        Do you mean your Landlord or the Letting (Estate) Agent is keeping your money?

        The Letting Agent is keeping the money.
        I have left the property on saturday 29/07.
        The Letting Agent gave me a 1 month notice without any reason.

        They did not inspect the house when I have moved.
        It has always been very difficult to deal with them (I had to call the police once because the letting agent kept on coming to my house to inspect it without any notice, he walked into the house without my permission, and frightenned me, he behaved very aggressively ).

        I gave them back the keys, yesterday , 31/07.
        They were surprised, and I have asked for an inspection, but one more time they ask me to come back on wednesday 02/08, and they will see for my deposit.

        The person I spoke with at the agency want me to deal with the aggressive agent.

        Thank you in advance for your help.

        Comment


          #5
          [QUOTE=paris13]
          The Letting Agent gave me a 1 month notice without any reason. If you had sole residancy of the house (god my spelling is bad today!) and the agent gave you one months notice then you had no reason to leave it. Look up section 21 on this forum and you will find out why! The minimum a LL can give is 2 months notice and there are all sorts of dates that must be complied with. We really need more details as to your tenancy, dates you moved in and dates you were asked to leave etc..

          It has always been very difficult to deal with them (I had to call the police once because the letting agent kept on coming to my house to inspect it without any notice, he walked into the house without my permission, and frightenned me, he behaved very aggressively ). IF you have a crime referrence number for this then you can add this to your claim should this ever go to court.
          QUOTE]
          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


            #6
            Originally posted by MrShed
            Can you tell us when you left the property? Was there an inventory completed by yourself and the agent/landlord at the beginning of the tenancy? When did the tenancy end? Did you give the required notice? Just some specifics about the tenancy as a whole, and in particular the way in which the tenancy came to an end would be helpful in answering this question.

            A simplistic answer to your question would be that no, they cannot withhold your deposit without reason, as you are entitled to any receipts for whatever they have spent the deposit on. And your legal comeback would be small claims court. However, it is impossible to say that he has rightly or wrongly withheld your deposit without further info.
            ************************************************** ********
            I have left the property on the 29/07. I had until the 31/07 to leave.
            The Letting Agent did not inspect the house when I have moved in. I have requested this inspection, but they are very difficult to deal with.

            The tenancy agreement started on the 01/06. They gave me a 1 Month notice on the 03/07.

            I've gave them back the keys yesterday , they were surprised.
            I've asked then for an inspection and the deposit back, they asked me to come back this wednesday 02/08 to deal with the aggressive agent . ( this agent kept on coming to my house , walk in without my permission, and frightenned me because I had 2 days late to pay my rent , I even have to call the police once because his behaviour is very aggressive).

            Thank you in advance for your help.

            Comment


              #7
              Paris13, when you moved in did the agent carry out an inventory?

              If there was no inventory done then there's no way they can keep your deposit as they have no way to prove any damage.

              Also please bear in mind that the agent/landlord don't have to return the deposit on the spot. They must do it within a reasonable time which I believe is 28 days.
              You only moved out last weekend and I assume you didn't arrange for an inspection before you gave the keys back; the agent can't be expected to drop everything he's doing on a Saturday to do the inspection there and then.

              Another thing that was pointed out is that the agent/landlord have to give you 2 months notice to leave the property (section 21) not just one (assuming you are on an AST). Now that you have left it doesn't matter anymore but you didn't have to move when you did.

              All in all - assuming that an inventory was carried out when you moved in - you should wait for the check out inspection to be carried out and then give the landlord a reasonable time to send the deposit back.
              If you don't see anything coming after 21 days write the landlord a letter saying that you want your deposit sent back within 7 days or you will take him to court - please note: you take the landlord (not the agent) to court.

              Comment


                #8
                You obviously feel intimidated by the Agent. Take someone with you for the check out in When you attend to the check out visit - in fact, if you have previously reported the agent to the police for harrassment, why not ask the police to attend for your protection?

                And take a camera , so that you can repudiate any claim of "damages" by showing the LL (and possibly the court if it gets that far) the flat was in good condition when you left it.

                The LL will be going on what the Agent says.

                As has been said if they didn't do an ingoing inventory they are on sticky ground anyway.


                Good luck.
                Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

                Comment

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