What's Next (Deposit Unreturned-Real Foul Play!)

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    What's Next (Deposit Unreturned-Real Foul Play!)

    Hi again,

    I've sent a letter to LA (c/o to LL) last week, giving LA a week to respond before any action is taken(to start court preceedings at county court). A week passed, still nothing from him(LA manager) . I've called a few times, and was told he's bz. He doesnt return any of my calls. Called again this morning, i was told hes out. LL said he's ok with the deposit. Just deal with the LA.

    I was NEVER contacted regarding the deposit, and until now, i've not seen any letters,receipts (or calls) from the LA regarding anything (he said he will cut off 500 pounds for repairs-the house was in 'as-it-is' cond when i left). i think i've been really2 'nice' and cool abt this matter (it's been 4 mths). But, i cant wait any longer..

    What should i do now? Write another letter and attached the N1 Claim form? or should i just really start preceedings. Since the LL said he;s no prob w/ the deposit return, should it between me and the LA only..? I really wanna solve the problem out of court, but it seems someone wanna play hide-and-seek...

    Thanks thanks

    The contract is between you and the Landlord, you have nothing to do with the agent. The agent has a contract with the landlord only.

    So in your case you should request the landlord refunds your deposit or you take the landlord to court.
    The landlord then has to claim it from the agent himself.

    The agent has no authority as regard to the deposit or the condition of the property, if the landlord says "refund the deposit" then the agent must do it or the landlord can take him to court for breach of contract.


      sounds so ez, unfortunately, it is not. the thing is i have said that, and he asked me to call the agent. He said he's paying the agent to settle everything abt his house, rents etc..if anything deal with the LA. But when i called the LA, (firstly he's rarely available), and when he is, hhe says this and that, at the end, he will ask me to call the LL. Well, otherwise, it wont take 4 mths..(and maybe more), isnt it.. *sigh*

      Another thing, LA as a stakeholder, isnt he supposed to be the middleman b/t LL and tenant, i know i'm so blurr abt this law thingy but, can the LL give LA some powers(say) over the house agreement?...pls correct me if i'm wrong..

      i just wanna settle this matter asap..pls tell me what to do next...


        I don't know which bit you don't understand so I'll try and explain as simply as I can.

        Your contract is with the LL - the agent is merely that - an agent. You did not enter into the contract with him; even if he signed the AST he is only doing is an an AGENT on behalf of the LL !!!

        Your LL has a different and totally separate contract with the Agent and pays him to do certain things for him. Even if he gave the agent total control the LL is STILL responsible. Full stop, end of story.

        Go ahead and sue the LL - it's up to him to get the money back from the Agent. And if he doesn't more fool him.
        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


          nate, you merely asked the same exact question and my answer (and Pippay's) still apply.

          In simple words write a letter to your landlord saying "My contract is with you the landlord and I request that you refund my deposit within 7 days or I will have to go to small claims courts to recover my money. I have no contract with the LA and it is up to you the landlord to recover the money from them."

          I hope you understand now.


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